Loading...
HomeMy WebLinkAbout2006-12-12 Ordinance / Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING CODE TO ALLOW A MINOR MODIFICATION IN CASES WHERE THERE ARE PRACTICAL DIFFICULTIES MEETING THE STANDARDS FOR STRUCTURED PARKING FACILITIES WHEN RETROFITTING SUCH FACILITIES WITHIN EXISTING BUilDINGS. WHEREAS, the Zoning Code contains standards for structured parking facilities to ensure that structured parking located within multi.family and commercial buildings is designed to minimize traffic congestion by limiting the number of driveways and garage entrances/exits, to prevent hazards to pedestrians and to preserve street frontages for active building uses; and WHEREAS, the standards are reasonable for the vast majority of buildings, particularly for new construction; and WHEREAS, there may be structural constraints within some existing buildings that make it difficult or impossible to meet the structured parking standards; and WHEREAS, it is reasonable in cases where there is practical difficulty meeting the structured parking standards for existing buildings to provide a means to adjust the standard through a minor modification process, provided certain conditions are met to minimize the effect on the streetscape and minimize hazards to pedestrians. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By deleting paragraphs 14.5A.5F-5 in its entirety and substituting in lieu thereof: 5. Garage Entrances/Exits, a. Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses. b. Garage entrances/exits should be located along a building wall that does not face a public street and should be accessed from a private drive, private rear lane or public alley. In the CB.2, CB.5, and MU zones, alley or rear lane access is preferred. If the Building Official in consultation with the Director of Planning and Community Development determines that such access is not feasible due to topographical limitations or other unique circumstances, or if allowing direct access from a street will better meet the objectives as stated in subparagraph a., above, garage openings may face a street, but must be designed in a manner that will best meet the objectives listed in subparagraph a, above, and must meet the standards listed in sub-subparagraphs (1), (2), and (3), below. (1) If the structured parking is intended for residents or tenants of a building and not the general public, there may be no more than one double-wide or two single-wide garage openings per building. Double-wide openings may not exceed 18 feet in width; single.wide openings may not exceed 9 feet in width. For existing buildings where it is not possible to meet this standard due to structural constraints of the building, the Building Official may adjust this provision to allow one additional garage entrance/exit that faces a street, provided that the minor modification approval criteria are met and the garage opening is designed to minimize its effect on the streetscape and minimize hazards to pedestrians. (2) For structured parking intended for use by the general public, garage openings should be limited in width and number to only what is necessary to provide adequate access for the types and numbers of vehicles using the parking facility. (3) Except in the CN.1, CB-2, MU and CB.5 Zones, the opening(s) must occupy no more than 50% of the length of the street-facing building wall. On corner . lots, only one street-facing garage wall must meet this standard. In the CN-1, Ordinance No. Page 2 CB-2, MU and CB-5 Zones, garage opening(s) along the primary street frontage are not permitted if access is feasible from another local or collector street or from a rear alley, private street or private rear lane. If there is no feasible alternative, garage opening(s) may be allowed along the primary street frontage, provided that they occupy no more than 35 percent of the length of the primary street frontage of the lot and provided that all provisions of Article 14-5C, Access Management are met. B. By adding a paragraph 17. to 14-4B-1A, Applicability, as follows: 17. One additional garage entrance/exit to structured parking may be granted according to the provisions of paragraph 14-5A-5F-5, Garage Entrances/Exits. The Building Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this _ day of ,20_. ATTEST: CITY CLERK Approved by !/(~ 12-/~/vCc City Attorney's Ice MAYOR ___.._....n.._...... __".______.__._..~___.._.."_'m~_____.~______ Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum First Consideration 12/12/2006 Vote for passage:AYEs: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ._--~-,-----~----_.~---~-_._-_.._---_.._-'---'- N\ ~/~ , ~ c... Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO, Oh-474<; AN ORDINANCE AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. WHEREAS, clarification of certain definitions and use classifications in the zoning code are necessary to provide consistency between the zoning code and the building code, to provide consistency with new approval procedures adopted in December of 2005, to distinguish between various use categories, and to avoid confusion and provide consistency in application of these terms and use categories; and WHEREAS, changes to landscape screening standards will allow flexibility to exempt certain situations where screening is already effectively provided by a change in topography or a human-made element; and WHEREAS, changes to parking lot design standards will allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised; and WHEREAS, changes to the multi-family site development standards in the Central Planning District are necessary to clarify how existing standards for architectural style will be applied; and WHEREAS, changes are necessary to clarify that in commercial zones exemptions are allowed for all requirements of Article 14-5E, not just the street tree requirements; and WHEREAS, application of basic sign regulations within Public Zones will ensure that signs are located in a manner that does not compromise public safety and will prevent unduly large or brightly lit signs near residential neighborhoods; and WHEREAS, changes are necessary to clarify which regulations apply to signs in non-residential zones adjacent to residential zones; and WHEREAS, new cross references within the code will ensure that access permits and fence permits are issued property and provide consistency between the zoning code and the building code; and WHEREAS, changes to parking requirements for daycare uses will ensure that sufficient parking and stacking spaces are provided and drop-off/pick-up areas are located in a manner to ensure public safety; and WHEREAS, deleting special setback requirements for educational facilities and religious/private group assembly uses in multi-family zones and commercial zones and applying the minimum base zone setback standards will be adequate to provide separation between buildings of similar size and scale; and WHEREAS, changes to requirements for educational facilities and religious/private group assembly uses will clarify that special setback requirements may be reduced by special exception; and WHEREAS, changes to the outdoor lighting standards are necessary to ensure consistency between the building code and the zoning code and that a minimum amount of outdoor lighting is allowed for properties where the building coverage exceeds 80 percent. WHEREAS, changes to the Article 14-4E, Nonconforming Situations, will clarify ambiguous language and change the manner in which the value of damaged or destroyed property is determined to avoid confusion, costly appraisals, and widely varying estimates of value; and WHEREAS, deleting the list of examples of uses allowed in the Public Zones is necessary to prevent confusion that may lead to misinterpretations of the code; and WHEREAS, certain changes are necessary to correct errors and inconsistencies between certain tables and graphics and the corresponding text of the code; and WHEREAS, it is necessary to correct a typo in a footnote to Table 2C-2(a), to clarify that the FAR in the CB-5 Zone may be increased up to a maximum of 5; and WHEREAS, deleting out-dated procedures for applying bonus provisions in the CB-5 and CB-10 Zones is necessary to avoid confusion; and WHEREAS, certain changes to the language describing setbacks for accessory buildings are necessary to clarify and distinguish between rear and side setback requirements; and WHEREAS, a correction of a cross reference to fees within Title 1, Chapter 4 is necessary to reflect the more specific fee schedule that applies to zoning violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as specified in the ----_.__._--~----_._..__.._.._-------_._._-----"-'~--------. Ordinance No. 06-4245 Page 2 attachment entitled, "Zoning Code Amendments 1-33," deleting the referenced provisions of Title 14 and substituting in lieu thereof the language attached hereto and incorporated herein by this reference. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shelll 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. ~~pp,vedEi~ day of December ,20~. MAYOR ......., Approved by ATTEST~~ 4J L~ Ib/~l~ Ordinance No. 06-4245 Page 2- It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Champion that the Ordinance AYES: NAYS: ABSENT: x X Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn y y y x x First Consideration 11/14/7006 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 11/28/2006 Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: Elliott. ABSENT:None. Date published 17/70/7006 Zoning Code Amendments 1-33 Attachment to: AN ORDINANCE AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER 9, DEFINITIONS. .._~_,,_.....~___._____~__.,___...~._' '..n_ .____,~~_._..._..__"_.___ Amendment #1: De/ete subparagraph 14-2B-6C-3s. and substitute in lieu thereof:: a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard must be provided between any parking area and adjacent properties and between any parking area and street rights-of-way (See Article 14-5F, Screening and Buffering Standards). The City may exempt from this requirement any specific location along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. The City may also waive the landscape screening requirement where the view from adjacent properties is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 5. to 14-2C-6G, Landscaping and Screening: 5. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph g. to 14-2C-6/-2, as follows: g. Screening for outdoor storage and display areas may be waived by the Building Official where the view is or will be blocked bya significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 4. to 14-2C-7/, as follows: 4. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as detenmined by the Building Official. Add a subparagraph c. to 14-2C-BG-3, as follows: c. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph c. to 14-2C-9E-3, as follows: c. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Delete paragraph 14-2D-5F-2 and substitute in lieu thereof.- 2. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 6. to 14-2F-5C, as follows: 6. Screening may be waived by the Building Official where the view is or will be blocked by a change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. -~---,,-",,---,~---,-----'-"--~~'----'-'-"--'._---'--'~_.,.. Amendment #2: Delete 14-2C-80 and substitute the following in lieu thereof: O. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess ofthe density otherwise achievable under the provisions of this Article may be granted. The Director of Planning and Community Development will determine whether the proposed features are appropriate in design and location. Decisions of the Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in Table 2C-4. --.----...----.-.-----..----..-------------... Amendment #3: Delete 14-4A-4H-4h. Amendment #4: Delete 14-5A-5H-4, Circulation, and substitute in lieu thereof: 4. Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located. a. Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. The drive(s) on a property should be designed to facilitate vehicular circulation and connect street access points to parking areas, loading and unloading areas, drive-through facilities, and other vehicular use areas on a lot or tract. In general, drives should not be used as aisles. However, the City may allow parking spaces along a drive in situations where vehicular and pedestrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the City will consider such factors as: (1) Size and shape of the parking lot - large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation; parking spaces should not be located along main circulation routes where traffic speeds may be higher, but may be allowed in lower traffic volume areas. In small parking areas, circulation drives may not be necessary. (2) Proximity to street access points c parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length 'of drives at street access points must. be sufficient in length to provide the necessary vehicle stacking based on the anticipated traffic volume. Parking spaces and aisles will not be allowed in close proximity to the necessary driveway throats, as determined by the City. (3) Proposed use of the drive - parking spaces should not be located so as to impede drive-through lanes, loading and unloading areas, or higher volume delivery or truck circulation routes. c. To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking aisles by landscaped medians and islands as illustrated in Figure 5A.4, below. d. When used, medians should be at least 4 feet in width and be landscaped. If a median contains trees, it should be at least 8 feet wide. If medians are intended for pedestrian circulation they should be approximately 12 to 20 feet wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. e. To guide turning vehicles, maintain sight lines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a _._-_.,--~-_._--_.,-,-----"------_._.-+_._--- . landscaped terminal island as illustrated in Figure SA.3, below. In the CN-l Zone, at least one shade tree must be provided within each terminal island. Figure 5A.3 - Terminal Parking Islands .....-------- ~(OOOO) r. Parking spaces within parking areas must be provided with car stops or curbing to prevent encroachment into landscaped setbacks, medians, and islands. g. Parking areas must be designed to permit ingress and egress of vehicles without needing to move any other vehicle occupying a parking space. b. No parking area shall be designed ili such a manner that exiting a parking area would require backing into a street. i. If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than 8 spaces, none of those spaces may be located in such a manner that would require backing into an alley. Amendment #5: Delete footnote 5 within Table 2C-2(a) and substitute in lieu thereof: 5 Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 5. Amendment #6: Delete 14-2F-2B-2 and substitute in lieu thereof: 1. Land, buildings or structures owned by the Federal or State governments, or political subdivisions thereof, and used for public or governmental purposes. ~~----,---,_.__.._~._._,--~--'~-_.__._-_._-~.._._.,--~._._._._-----~--_.._,._-_.._-----~---,-_._--~-_.. Amendment #7: Add a new paragraph 1 within 14-2F-3C as follows and renumber subsequent paragraphs accordingly: 1. Sign Regulations Sections 14-5B-3 and 14-5B-4 are applicable to uses within the Public Zone. Delete Sections 14-58-3 and 14-58-4 and substitute in lieu thereof: 14-5B-3 General Location Standards A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the . base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. B. Signs Adjacent To Residential Zones 1. Any sign located in a Non-Residential zone, but Within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection BC, Sign Standards in the CO-I, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and within 50 feet of a Residential Zone on the same side of the street shall not be placed on the wall of the building facing the Residential Zone. 14-5B-4 Construction and Maintenance Requirements A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-10 Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI-1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. e. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-1, CN-1, and CB-lO Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-S Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. ---~~._~ ~--_. - Amendment #8: Delete paragraph 14-38-38-2 and substitute in lieu thereof.' 2. For purposes of this Article, a material change is any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Delete the definition of "material change" in Article 14-98, Historic Preservation Definitions and substitute in lieu thereof: MATERIAL CHANGE: any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Delete 14-5C-3E and substitute in lieu thereof: E. Historic Review, as set forth in Article 14-8E of this Title, Historic Preservation Commission Approval Procedures, is required for any new access to property designated as an Iowa City landmark or property located in a Historic or Conservation District. Amendment #9: Delete subparagraph 14-4B-4D-6d, Vehicular Circulation, and substitute in lieu thereof: d. Vehicular Circulation The use must provide a drop-off I pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop-off / pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights-of-way (See minimum parking requirements for Daycare in Table 5A-2). To promote safe vehicular circulation, one-way drives are encouraged. Delete the parking requirement for Daycare within Table 5A-2, Minimum Parking Requirements for al/ Zones, except CB-5 and CB-10 Zones, and substitute in lieu thereof: USE CATEGORIES SUBGROUPS Parking Raqutremant. Bicycle Parking Institutlonal And Civic U... Daycare 1 space per employee based on the maximum number of employees at the stte at anyone time plus one 10% par1<ing space for each 10 children or clients served. based on the maximum number of children present on the site at anyone time, plus one stacking space for each 20 children or clients served, based on the maximum number of clients or children present on the site at anyone time. Additional par1<ing spaces at a ratio of 1/20 clients or children served may be substituted for the stacking spaces, ff the City determines that such an arrangement will not cause traffic to stack into adjacent streets or public rights~f. way. Amendment #10: Delete 14-48-40-8 and 14-48-40-9 and substitute in lieu thereof: 8. General Educational Facilities in the RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. c. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 9. General Educational Facilities in the RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Educational Facility, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #11: Delete 14-48-40-13 and 14-48-40-14 and substitute in lieu thereof.' 13. Religious/Private Group Assembly in the IO-RM, IO-C, RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. Religious Institutions in existence prior to 1963 that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l are exempt from and may expand without compliance with the required number of parking spaces. c. Religious Institutions located in the PRM Zone that have parking areas that existed prior to March 1, 1992 and if such parking areas are within 300 feet of a Commercial Zone, the Religious Institution may lease up to and including 2/3 of the required parking spaces within said parking areas to other users. d. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 14. Religious/Private Group Assembly in the ID-RS, RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. . (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use is located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #12 and 23: Delete subsection 14-88-4A, Permit Required, and 14-88-48, Submittal Requirements, and substitute in lieu thereof.' A. Permit Required Prior to construction of any of the following types of fences or walls, a building permit must be obtained from the Department of Housing and Inspection Services. 1. Electric fences; . 2. Barbed wire fences; 3. Any fence or wall over 6 feet in height; 4. Any retaining wall over 4 feet in height measured from the top of the footing to the top of the wall; and 5. A retaining wall of any height that supports a surcharge or impounds flammable liquids. B. Submittal Requirements 1. An application for a building permit must be filed with the Department of Housing and Inspection Service on application forms provided the City. 2. Supporting materials must be submitted as specified on the application form. Amendment #12 and 23 - continued: Delete paragraph 14-4C-2L-1 and substitute in lieu thereof: 1. Permit Required. A permit is required for all of the following: a. Electric fences; b. Barbed wire fences; c. Any fence or wall over 6 feet in height; d. Any retaining wall over 4 feet in height measured from the top of the footing to the top of the wall; and e. A retaining wall of any height that supports a surcharge or impounds flammable liquids. Amendment #13: Delete 14-4C-3B-2c. and substitute in lieu thereof.' c. Side and rear setback requirements (1) In Residential Zones (a) Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street-side lot lines, accessory buildings must be set back at least 5 feet from the side or rear lot line. This 5-foot setback requirement may be reduced if an accessory building is set back at least 60 feet from the edge of the street pavement. In such cases, the building may be located within 3 feet of a side or rear property line. However, garages and carports entered directly from an alley must be set back at least 5 feet from the alley right-of- way line, regardless of how far back the structure is from the street. (b) A detached accessory building for a zero lot line dwelling must comply with the same side setback requirements as the principal dwelling. Amendment #14: Delete subsection 14-4E-BB, Nonconforming Parking and Loading, and substitute in lieu thereof: B. Nonconforming Parking and Loading 1. If a non-residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, .only the number of spaces relating to the enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. 3. Any portion of a nonconforming parking area or loading area that is reconstructed or expanded, must be brought into compliance with all applicable construction, design, location, and screening and landscaping requirements. 4. Whenever a use or uses, which are located on a site that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, is are enlarged by less than 50 percent in total floor area on the property, the property must be brought into compliance with the development standards listed below. a. Applicable perimeter parking lot landscaping and screening requirements; b. Any new parking area must meet all applicable construction, design, location, and landscaping requirements. 5. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, and any applicable parking location and perimeter landscaping and screening requirements of the base zone, except as allowed in paragraph 1, above. The Building Official may modify or waive any such requirements that would necessitate moving buildings or other permanent structures on the site. 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. b. Amendment #14 - continued: Delete 14-4E-BD, Nonconforming Landscaping/Screening, and 14-4E-BE, Nonconforming Outdoor Lighting, and substitute in lieu thereof:: D. Nonconforming Landscaping/Screening Whenever a use or uses, which are located on a property that is nonconforming with regard to the screening, landscaping, and/or tree standards of this Title, are is enlarged by one or more times, the sum total of which increases the total floor area on the property by 10 percent or more, the property must be brought into full compliance with any applicable screening and landscaping requirements of the base zone and of Article 14-46, Minor Modifications, Variances, Special Exceptions and Provisional Uses. In addition, such a property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and landscaping for nonconforming parking and loading areas are stated in subsection 5, above, Nonconforming Parking and Loading. The City may waive any landscaping or screening requirement that cannot be met due to a conflict with any other requirement of this Title. Conflicts with non-required elements of a development do not qualify for this waiver. E. Nonconforming Outdoor Ughting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re- aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such lumina ire must comply with any applicable requirement that it be fully shielded. 3. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, is are enlarged by less than 50 percent in total floor area on the property, any new outdoor lighting installed due to the enlargement must fully comply with the Outdoor Lighting Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1. and 2., above. 4. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-SG, Outdoor Lighting Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-SG, Outdoor Lighting Standards. Amendment #15: Delete Table 58-1 and substitute in lieu thereof: ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM 1 Only one sign is permitted; one facia Sign, one awning sign, or one monumenl sign (See 14-58-8A-1.b.,above) Facia Sign1 Monument Sign1 Awning Sign' Directional signs Small identification sign Integral sign Public Flags ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNC RNS-20, RM- 44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM-12, RM-20, RNS-20, RM-44, PRM 4 sq ft. 12 sq. ft 12 sq. ft. per sign face. May be double-faced for a total area of 24 sq.ft. 24 sq. ft. per sign face. May be double-faced for a total area of 48 sq.ft. 12 sq. ft. or 25% of awning surface, whichever is less 2 sq. ft. per face May be double-faced for total area of 4 sq. ft. 2 sq. ft. 2 sq. ft. Max. Height Top of first story Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. Max. Heigh\: 5 ft Limited to identification only, except as allowed for Institullonal Uses. Not allowed tor Single Family and Two Family Uses, Max. Heigh\: 5 ft Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. Max. Height Top 01 first story Limited to idenllfication only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. The sign must be a building sign. Up to one of these signs is allowed per building. No permit is required Up to one of these signs is allowed per building No permit is required. No permit is required Amendment #16: Delete subsection 14-5C-2E and substitute in lieu thereof.' E. Arterial streets, as referenced in this Article, are those streets shown on the Iowa City Arterial Street Map in Figure 5C.1, below, and include future arterial streets as shown on the map. Said map is based on the JCCOG Arterial Street Map, as amended. If the JCCOG Arterial Street Map, as amended, conflicts with the Figure 5C.1, the JCCOG map will supersede Figure 5C.1. Amendment #17: Delete paragraph 14-5E-2B-3, and substitute in lieu thereof: B. Exemptions The following are exempt from the requirements of this Article: 1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero Lot Line Dwelling, including Group Households, if located within such a dwelling. Property in the ID and CB-10 zones. In Commercial Zones, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the requirements of this Article; however, all trees that can be provided in compliance with the requirements must be provided. 2. 3. Amendment #18: Delete paragraph 14-5G-4C-4, and substitute in lieu thereof: 4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-I, or CO-1. The City may increa.se the maximum up to 1.0 horizontal footcandles for Building Code required lighting on buildings located on or close to the property line. However, lighting must be located and shielded in a manner that will be least obtrusive to any abutting residential properties. Amendment #19: Delete subsection 14-5G-5A and Table 5G-1, and substitute in lieu thereof: A. Maximum Outdoor Light Output 1. Total outdoor light output defined The total outdoor light output on a property is the total amount of light, measured in initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the manufacturer, is the value to be considered when calculating total outdoor light output. 2. ADDlicabilitv The total outdoor light output on any property that is subject to the provisions of this Article may not exceed the limits in Table 5G-1, except for those that are exempted in paragraph 3, below and in Section 14-4G-7. The values in this table are upper limits and not design goals; design goals should be the lowest light levels that meet the requirements of the task. 3. ExemDtions a. Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward the total outdoor light output. b. In the E2 and E3 Districts, properties where the building coverage is 80% or greater are exempt from the maximum total outdoor light output standard, but are subject to the limitation on unshielded fixtures, as stated in Table 5G-1, below. B. Lighting Environment Districts All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the Public (P) Zone must comply with the lighting requirements of the adjacent zone; those on the border betWeen two or more zones must comply with the standards of the strictest adjacent zone. Zones are grouped into the lighting environment districts as follows: 1. Low Illumination District, E1 Areas of low ambient lighting levels. This District includes single-family and low-density multi-family residential zones. This District applies to the following zones: IO-RS, IO-RM, RR-1, RS-5, RS-8, RS-12, RM-12, and RNS-12. 2. Medium Illumination District, E2 Areas of medium ambient lighting levels. This District includes higher density multi-family zones and lower intensity commercial and office zones. This District applies to the following zones: IO-C, 10-1, IO-RP, CN-1, CO-1, PRM, RM-20, RM-44, RNS-20, and MU. 3. High Illumination District, E3 Areas of high ambient lighting levels. This District includes higher intensity commercial, industrial, and research zones. This District applies to the following zones: CC-2, CH-l, CI-l, CB-2, CB-5, CB-I0, I-I, 1-2, RDP, and ORP. C. Measuring Total Outdoor Light Output 1. The maximums in Table 5G-l are based on a calculation of initial lumens per net acre. The lot size less the total building coverage of the lot determines the number of net acres used for this calculation. 2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more feet from any edge of the eave or canopy will be measured at 0.5 its full value. E3, High Ambient Lighting (in initial lumens per acre) Maximum T.o!al9utdoof Light Output (Including both 50,000 fullY shielded ind unshlelded ~xfur$S) 't: '.' Maxiinum Outdoor Light)"" ' Output from'lIoshielded 4,000 fixtU~ ;,.J~A~t(r~;~fX~i,~;~:'5(;' 100,000 200,000 10,000 10,000 Amendment #20: Amend paragraph 14-28-61-3, Architectural style, as follows: 3. Architectural style The purpose of requiring an architectural style is to ensure that the mass, roof form, window style and configuration, and the basic architectural details of a building are generally compatible with the historic character of the Central Planning District. New buildings should appear similar to a large house or a small historic apartment building. a. Any building elevation that is within public view (See definition of PUBLIC VI8N, WITHIN), must be designed in a manner that is consistent with a historic architectural style typical of residential buildings in the Central Planning District. However, building facades that are visible only from public alleys are not subject to these standards. The applicable architectural styles are as follows: Italianate; Queen Anne; Colonial Revival; Craftsman; Craftsman Bungalow; American Foursquare; Prairie School; Period Revival; and Eclectic. The applicant must indicate in detail how each of the following architectural elements in the proposed building are consistent with one of these architectural styles as described . in the Iowa City Historic Preservation Handbook, as amended. (1) Form and mass of the building; (2) Roof configuration and pitch; (3) Style and placement of windows and doors; (4) Window and door trim, eave boards, frieze boards, and other trim; (5) Porch and entrance features; (6) Building details and ornamentation. b. Detailed information regarding historic residential building styles is available in the Iowa City Historic Preservation Handbook. The Design Review Committee and the Historic Preservation Commission will use this information as a means to evaluate new buildings in the Central Planning District. c. Alternative designs that have been prepared by a licensed architect may be acceptable and will be reviewed on a case-by-case basis. Amendment #21 : Delete 14-4A-5G, Wholesale Sales Uses, and substitute in lieu thereof.' G. Wholesale Sales Uses 1. Characteristics Firms that are primarily involved in the sale, lease, or rent of products to retailers; to industrial, institutional, or commercial business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. Businesses mayor may not be open to the general public, but sales to the general public are limited.. Products may be picked up on site or delivered to the customer. 2. Examples Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware. 3. Accessory Uses Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods. 4. Exceptions a. Firms that engage primarily in sales to the general public or on a membership basis are classified as Sales-oriented Retail. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement. c. Wholesale plant or tree nurseries are classified as Agriculture. Amendment #22: Delete subsection 14-4E-5E, Damage or Destruction, and substitute in lieu thereof: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #22 - continued: Delete subsection 14-4E-6C, Damage or Destruction, and substitute in lieu thereof: E. Damage or Destruction 1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure, may be restored to the same degree of nonconformity or less. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this Title. 2. Except for designated Historic Landmarks or key or contributing structures in a Historic Preservation OVerlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure, may not be restored except in compliance with the provisions of this Title. 3. A nonconforming structure that is a designated Historic Landmark or a key or contributing structure in a Historic Preservation or Conservation District OVerlay Zone may be reconstructed upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the original exterior design. A certificate of appropriateness from the Historic Preservation Commission is required prior to commencing reconstruction. 4. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #24: Delete the definition of" Cottage Industry" in Article 14-9A, and substitute in lieu thereof: COlTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are intended for retail sales to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. --_._~_.__._"-~----,.,..,,-~-~-_.-~..._~--_...--"._--_..-.._------~"..--- Amendment #25: Delete the definition of "Floor Area" in Article 14-9A, and substitute in lieu thereof: FLOOR AREA: The total area of all floors of a building, or a portion of a building, measured to the outside surface of exterior walls or to the center line of walls of attached buildings or uses. Floor area includes all space within the building, including space in the basement or cellar, if such space is used for a principal or accessory use, However, floor area does not include the area of porches, balconies and other appurtenances. When calculating the floor area of a principal dwelling, the area of any attached garage is excluded. Floor area of basements and cellars is excluded from the calculation of FAR (See FLOOR AREA RATIO). Amendment #26: Delete the definition of "Grade" in Article 14-9A, and substitute in lieu thereof: GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building, the slope of the fill within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25 percent. ~-----_._--~.~.._---------------~._-----~- Amendment #27: Delete the definitions of "Sensitive Areas Development Plan, " "Sensitive Areas Overlay Zone, "and "Sensitive Areas Site Plan" within Article 14-9E and substitute in lieu thereof.' SENSmvE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Level I or Level II Sensitive Areas Review that delineates construction areas limits and designates protected sensitive areas and associated buffers within a planned development. LEVEL II SENSmvE AREAS REVIEW: A planned development rezoning that is required prior to any development activity that is not otherwise exempted, on any a tract of land that contains regulated sensitive features as specified in Article 14-51. Said rezoning requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract. LEVEL I SENSmvE AREAS REVIEW: An administrative review of a sensitive areas development plan required prior to any development activity, which is not otherwise exempted, on property that contains any regulated sensitive feature as specified in Article 14-51, but for which a Level II Sensitive Areas Review is not required. ---,_._~,,---,---~---,"--'~--""'----------'-------~----.-----...---.,..--.------....------....--.'-------------,_..,~.__._-----.----,._-- Amendment #28: Delete Table 2C-2(b): Dimensional Requirements for the Mixed Use Zone (MU), and substitute in lieu thereof: MU Detached SF and Detached 3,000 3,000 30 20 5/15' 5+2' 20 35 50% 50% Zero Lot Line Two Family 3,600 1,800 45 20 5/15' 5+22 20 355 50% 50% (Duplex) Attached SF 1,800 1,800 20/28' 20 5/15' 0/103 20 35 50% 50% Multi-Family 5,000 1,800 45 20 5/15' 5+22 5+22 355 50% 50% Group Living 5,000 See 45 20 5/15' 5+22 5+2' 355 50% 50% Art.4B Non-residential1 none nla none 20 5/15' 5+22 5+22 355 50% nla Notes: nla ~ not applicable lNon-residential uses must comply with the standards listed in this table unless specified otherwise in 1448, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. , Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. For Detached Zero Lot Line Dwellings, see applicable setback regulations in 14-4B. J See applicable setback requirements in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 4 Minimum lot width is 20 feet for attached units on interior lols and 28 feet for end lots in a row of attached units. When only two units are attached, lots musf be 28 feet wide. 'Maximum height is 35 feel. However, if any pcrtion of a Two Family Use, Multi-Family Use, Group Living Use, or a Non-residential Use is located within 15 feet of a property that contains an existing Single Family Use or within 15 feet of a Single Family Zone boundary, then the portion of the building located within 15 feet of said property or boundary may not exceed 2-112 stories in height. 'Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See 14-2C-9D, Maximum Setbacks. Amendment #29: Delete Table 3A-1 and substitute in lieu thereof: ,nl;!l~,~>>'ft:C".M;,l.~im(.\m,a.~~i.~~n1i~E~~i'(15ity" G~a~i1\Iii"lileMe t~';e 'C .... ~_'::<':': - _ """ ,'i;, ''':-':<., ::" .,>":":.<:. ,-,,-:\"'::~"_>-"oO":-' _:,1 OWehirii;':mij~li~iaqre;of neUalld 'area ..... ... RR-1 1 RS-5 5 RS-8 8 RNS-12 8 RS-12 13 MU 24 CO-1 15 CN-1 24 CC-2 15 RM-12 15 RNS-20 24 RM-20 24 RM-44 43 PRM 49' *Density bonuses .re available in the PRM Zone that would increase the allowed density beyond the figure in this table. Amendment # 30: Delete paragraph 14-28-6E-2 and Figure 28.8 and substitute in lieu thereof: 2. In the Central Planning District The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing fa<;ade of the building is broken into modules that give the appearance of smaller, individual buildings (See Figure 2B.8, below). Each module must meet the following standards: a. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. b. Each module must have a corresponding change in the roofline. c. Each module must be distinguished from the adjacent module by at least one of the following means: (1) Variation in material colors, types or textures; (2) Variation in the building and/or parapet height; (3) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (4) Variation in window pattern. (5) Variation in the use of balconies and recesses. Agure 2B.8 - Building modules that break up the horizontal plane 1--Module---l f--Exisling--j rMOdUle...j !--MOdUlel New MF Building I--Module--l f-Existing--j Amendment #30 Continued: Delete paragraph 14-2C-6K-3, Building Details, and substitute in lieu thereof: 3. Building Details Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive pattern to the building. Any building fa~ade that faces a public street or includes a public entrance shall include no less than three of the elements listed below. At least one of these elements shall occur along the vertical plane of the building. An example of a change that occurs on the vertical plane would be a change from stone on the lower portion of the building to stucco on the upper portion. All elements that occur along the horizontal plane of the building shall repeat at intervals of no more than 50 feet. These visual patterns must be cohesive with the articulation of the fa~ade. a. Color change b. Texture change c. Material module change d. Expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projection. Amendment #30 Continued: Delete subsection 14-2C-7M, Building Bulk and Articulation, and substitute in lieu thereof: M. Building Bulk and Articulation 1. The maximum length of any building wall is 270 feet. This standard applies whether the building contains a single business or multiple businesses or storefronts . 2. For buildings greater than 50 feet in width, the horizontal plane of any street- facing fa~ade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: . (1) Variation in the wall plane by recessing a building module from the adjacent building module; . (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Amendment #30 Continued: Delete subsection 14-2C-8M, Building Articulation, and substitute in lieu thereof.' M. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street- facing fa<;ade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Amendment #30 Continued: Delete subsection 14-2C-9G, and substitute in lieu thereof.' G. Building scale for Multi-Family, Group Living, Commercial, and Civic/Institutional Buildings The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing fa~ade of the building is broken into modules that give the appearance of smaller, individual buildings. Each module must meet the following standards: 1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. 2. Each module must have a corresponding change in the roofline. 3. Each module must be distinguished from the adjacent module by at least one of the following means: a. Variation in material colors, types or textures; b. Variation in the building and/or parapet height; c. Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; d. Variation in window pattern. e. Variation in the use of balconies and recesses. Amendment #31: Delete subsection 14-7C-5A, Penalties, and substitute in lieu thereof: A. Penalties 1. The owner or manager of a building or premises in or upon which a violation of any provision of this litle has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this litle may be found guilty of a simple misdemeanor or municipal infraction or environmental infraction as provided for in litle 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-26-2, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. Amendment #32: Delete subsection 14-4A-4I, Surface Passenger Services, and substitute in lieu thereof: I. Surface Passenger Services 1. Characteristics Passenger terminals for regional bus and passenger rail service; dispatch facilities for local taxi and limousine service. 2. Examples Regional bus and passenger rail depots; charter and rental bus services; dispatch facilities for local taxi and limousine services 3. Accessory Uses Offices; concessions; parking; maintenance and fueling facilities. 4. Exceptions Bus stations and park-and-ride facilities for local mass transit are classified as General Community Service Uses. Delete subsection 14-4A-5E, Warehouse and Freight Movement Uses, and substitute in lieu thereof: E. Warehouse and Freight Movement Uses 1. Characteristics Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site. sales activity with the customer present. 2. Examples Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; storage lots for large fleets of vehicles; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel, and other aggregate materials. 3. AccesSOry Uses Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and repackaging facilities. 4. Exceptions a. Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related Uses. b. Mini-warehouses are classified as Self-Service Storage. c. Dispatch facilities and accessory parking areas for taxi and limousine services are classified as Surface Passenger Services. Amendment #33: Delete the definitions of "front yard, " "rear yard, " and "side yard" within Article 14-9A, General Definitions, and substitute in lieu thereof: YARD, FRONT: The area on a lot between the street-side lot line(s) and a line drawn parallel to and flush with the plane of any building fa!;ade of a principal building that faces a street-side lot line. On lots with multiple buildings, there is no front yard adjacent to buildings that are behind or surrounded by other buildings, such that there is no fa!;ade directly facing the street. YARD, REAR: On an interior lot, the rear yard is the area extending from one side lot line to another side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of the rear building fa!;ade(s) of the principal building(s) on a lot. On a corner lot, the rear yard is the area extending from the side lot line to the front yard line that is opposite the side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of any building fa!;ade(s) of the principal building(s) that face a rear lot line. On a double fronting lot there is no rear yard. YARD, SIDE: The area on a lot bounded by any fa!;ade of the principal building that faces a side lot line and that same side lot .line and excluding any area that is front yard, rear yard, or interior courtyard. Add a definition of "Yard/Courtyard, Interior," within Article 14-9A as follows: YARD/COURTYARD, INTERIOR: An open area on a lot, which is bounded on at least three sides by the exterior walls of one or more buildings and is not open toward a street-side lot line. An interior courtyard is not a side yard. Delete the illustration of "yards" within Article 14-9A and substitute in lieu thereof the fof/owing four illustrations: Side yard I Front Yard Line I ____Street Side Lot Line Side yard BUILDING ... w w '" ... II) Front yard Front lot line STREET Interior Lot Comer Lot @ ffQnt Lot U"" STREET Front Lot Line I BUILDING - Side yard fMj Front yard Rurlotllne Double-Frontage Lot Interior Court Yard M~~ ..:b.. '- ; , Prepared by Tim Hennes, Sr. Building Inspector; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5122 ORDINANCE NO. 06-4246 AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," TO ESTABLISH LICENSING REQUIREMENTS FOR THE PLANNING, LAYOUT, SUPERVISION AND INSTALLATION OF HEATING, VENTILATION, AIR CONDITIONING (HVAC), COMMERCIAL KITCHEN HOODS AND FOR DUCTED AIR HEATING AND COOLING INSTALLERS. WHEREAS, it is the public interest to have HVAC systems, commercial kitchen hoods and ducted air heating/cooling installed by certified installers; WHEREAS, the Board of Appeals concluded that it is important that the installation of HVAC systems, commercial kitchen hoods and ducted air heating/cooling be done by licensed installers; WHEREAS, to ensure professionalism and accountability, the City Council believes that it is in the best interest of the City of Iowa City to establish a licensing procedure for persons who plan, layout, supervise and install HVAC systems and commercial kitchen hoods and for persons who install ducted air heating/cooling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Title 17, entitled 'BUILDING AND HOUSING," Chapter 11, entitled 'Licensing," Section 1, entitled "License Required," is hereby amended by adding the following new subsections M, N, 0, and P: M. HVAC Master: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning within the city, with or without compensation, unless the person holds a HVAC master license issued by the city. N. HVAC Residential: No person shall undertake the planning, layout supervision, or perform heating, ventilation, and air conditioning as regulated by the International Residential Code with or without compensation unless the person holds a HVAC residential license issued by the city. O. Commercial Kitchen Hood Installer: No person shall undertake the planning, layout supervision, or perform installation of commercial kitchen hoods as regulated by the International Mechanical Code with or without compensation unless the person holds a HVAC master or commercial kitchen hood license issued by the city. P. Ducted Air Heating and Cooling Installer: No person shall install heat and cooling ducts as regulated by the International Mechanical Code with or without compensation unless the person holds a HVAC master, HVAC residential or a Ducted Air Heating and Cooling Installer license issued by the city. 2. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled 'Licensing," Section 4, entitled "Licensing Standards," is hereby amended by re-designating subsections J and K as Nand 0 respectively and by adding the following new subsections J, K, L, and M: J. A HVAC Master license shall be issued to every person as follows: 1. From the effective date from the ordinance to December 31, 2008 to every person who meets the requirements of section 17 -11-4K. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of two (2) years experience as a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Board of Appeals. K. HVAC Residential license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years full time experience as a HVAC installer with an established HVAC company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years experience as a HVAC installer with an established HVAC company, and successfully passes the examination approved by the board of appeals. L. A Commercial Kitchen Hood license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years experience as a commercial kitchen hood installer with an established HVAC or commercial hood installer company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years full time experience as a commercial hood installer with an established HVAC or commercial hood installer company, and successfully passes the examination approved by the board of appeals. Ordinance No. 06 I. ?46 Page 2 M. A Ducted Air Heating/Cooling Installers license shall be issued to every person as follows: 1. From the effective date of the ordinance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years full time experience as a ducted air heating/cooling installer with an established HVAC company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years experience as a ducted air heating/cooling installer with an established HVAC company and successfully passes the examination approved by the board of appeals. 3. Title 17, entitled "BUilDING AND HOUSING," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by deleting the word "will" and substituting in lieu thereof the word "may" in the first sentence of subsections Band F. 4. Title 17, entitled "BUilDING AND HOUSING," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by adding the following new subsections G, H, I, and J: G. A HV AC Master license may be issued to every person who demonstrates satisfactory completion of two (2) years experience as a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. H. A HVAC Residential license may be issued to every person who demonstrates satisfactory completion of three (3) years experience as a HVAC installer with an established HVAC company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. I. A Commercial Kitchen Hood Installers license may be issued to every person who demonstrates satisfactory completion of three (3) years full time experience as a commercial kitchen hood installer with an established HVAC or commercial kitchen hood company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. J. A Ducted Air Heating/Cooling Installers license may be issued to every person who demonstrates satisfactory completion of three (3) years experience as a heating/cooling duct installer with an established HVAC company and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. 5. Title 17, entitled "BUilDING AND HOUSING," Chapter 11, entitled "Licensing," Section 6, entitled "Reexaminations," is hereby amended by deleting Section 6 in its entirety and adding the following new Section 6: Any person who fails the journeyman plumber, master plumber, journeyman electrician, master electrician, fire alarm, fire sprinkler installer, fire sprinkler maintenance, residential HVAC, master HVAC, ducted air heating/cooling installer 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, the commercial kitchen hood installer's examination or the electrical home-owners exam must wait a minimum of thirty (30) calendar days before retesting. 6. Title 17, entitled "BUilDING AND HOUSING," Chapter 11, entitled "Licensing," Section 7, entitled "License Renewals," is hereby amended by deleting Subsections A and B in their entirety and adding the following new Subsections A and B: A. License Expiration: 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 upon payment of an additional reinstatement fee. After the expiration of the sixty (60) calendar day period, no license obtained by municipal testing, shall be renewed except upon re-examination. Licenses obtained by an approved third party testing agency, shall be renewed for a period of five (5) years with the submittal of all required documentation, including current CEU's and payment of all back renewal fees from the time of the license expiration. After the five (5) years, no license shall be renewed except upon re-examination. B. Code Update Certificate: Prior to receiving any active master electrical, journeyman electrical, master plumbing, journeyman plumbing, master HVAC or residential HVAC 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. Prior to receiving an active fire sprinkler license each applicant shall complete eight (8) hours of continuing education of an approved update class in fire sprinkler installation. Update classes shall be attended within one (1) year of the code's adoption by the city or by the end Ordinance No. 01;-4746 Page 3 of the next licensing year. Documentation of completion must be submitted to the building official to accompany application for renewal. 7. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing: Section 10, entitled "Inactive License," is hereby amended by deleting Section 10 in its entirety and adding the following new Section 10: INACTIVE LICENSE: Any current electrical, plumbing, HVAC, fire alarm, fire sprinkler installer or fire sprinkler maintenance license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the electrical, plumbing, HVAC, fire alarm, fire sprinkler installer or fire sprinkler maintenance license as current but will not be permitted to obtain an electrical, plumbing, or HVAC, fire alarm or fire sprinkler installer permit. The electrical, plumbing, HVAC, fire sprinkler installer or fire sprinkler maintenance 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, plumbing, HVAC, fire sprinkler installer or fire sprinkler maintenance code, and payment of the full license fee for that year. To reactive fire alarm license, current NICET certification is required. The fee for an inactive license shall be set by resolution of city council. 8. Title 17, entitled "BUILDING AND HOUSING: Chapter 1, entitled "Building Code", Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followinCl new section: 105.1.3 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followinCl new paraClraph 8 to section 105.3: 8. Insurance Required. Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. Add the followina new section: 106.1.4 Qualifications of Permittee: 1. A permit for work regulated by the mechanical and fuel gas portions of the International Residential Code may be issued to: a. any person holding a valid Master HVAC license issued by the City of Iowa City; or b. any person with 5 years full-time experience as an installer with an established HVAC company, and holds a valid Residential HVAC license issued by the City of Iowa City; or c. any HVAC company which employs a duly licensed Master HVAC holder on a full- time basis; or d. 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. 2. A permit may be issued for the installation of a boiler to any person who holds a master plumber licensed issued on or before December 31,2006, or to a Master HVAC licensee tested over the "Master Mechanical" exam or the "HARV' exam. 9. Title 17, entitled "BUILDING AND HOUSING: Chapter 4, entitled "Mechanical Code: Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followinCl new section: 106.1.1 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followinCl new section: 106.3.2 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master HVAC license issued by the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC holder on a full-time basis. 2. A permit may be issued for the installation of commercial kitchen hoods to any person holding a valid master HVAC license or a Commercial Kitchen Hood license issued by Ordinance No. 06 q 246 Page 4 the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC or commercial kitchen hood installer on a full-time basis. 3. A permit may be issued for the installation of a boiler to any person who holds a master plumber licensed issued on or before December 31,2006, or to a Master HVAC licensee tested over the "Master Mechanical" exam or the "HARV' exam. Add the followino new section: 106.3.3 Insurance Required: Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HV AC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. 10. Title 17, entitled "BUILDING AND HOUSING," Chapter 13, entitled "Fuel Gas Code", Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the following new provisions to be inserted numerically: Add the followino new section: 106.1.1 Licensing Requirement: See Section 17-11 entitled "Licensing" of the City Code. Add the followino new section: 106.3.2 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master HVAC license issued by the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC holder on a full-time basis. 2. A permit may be issued to any person holding a valid master plumber license issued by the City of Iowa City or to any plumbing company which employs a duly licensed master plumber on a full-time basis. Add the followino new section: 106.3.3 Insurance Required: Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 effective January 1, 2007. cz: apprO~edj~S TK-~~~mh~r MAYOR -L - -....... ATTEST:7h,,~ ,r. ~~ CITY CLER Approved by ,2006. ~~ (O'~'f'oCo City Attorney's Office SueIHVACLic Orc! 2.doc Ordinance No. 06-4246 Page --5..- It was moved by Champion and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES; NAYS: ABSENT: y x Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum x X x X X First Consideration 11/14/2006 Vote for passage: AYES: Correia, Vanderhoef, Wilburn, Bailey, Champion. NAYS: O'Donnell, Elliott. ABSENT: None. Second Consideration 11/28/2006 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, Vanderhoef, Wilburn. NAYS: O'Donnell. ABSENT: None. Date published 1? /20/2006