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Home My WebLink About1989-09-19 ResolutionRESOLUTION NO. 89-219 RESOLUTION ACCEPTING THE WORK FOR THE SLUDGE FORCE MAIN PROJECT WHEREAS, the Public Works Department has recommended that the work for improvements covering the Sludge Force Main Project as included in a contract between the City of Iowa City and Tschiggfrie Excavating of Dubuque, Iowa, dated March 15, 1989, be accepted. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER _ X COURTNEY X HOROWITZ X KUBBY X CARSON X McDONALD i RESOLUTION NO. 89-219 RESOLUTION ACCEPTING THE WORK FOR THE SLUDGE FORCE MAIN PROJECT WHEREAS, the Public Works Department has recommended that the work for improvements covering the Sludge Force Main Project as included in a contract between the City of Iowa City and Tschiggfrie Excavating of Dubuque, Iowa, dated March 15, 1989, be accepted. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X Passed and approved this 19th day of September, 1989. ATTEST: CITY CLERK APPROVED AS TO FORM egal Department is -sf /01 BALMER _ X COURTNEY X HOROWITZ X KUBBY X CARSON X McDONALD Passed and approved this 19th day of September, 1989. ATTEST: CITY CLERK APPROVED AS TO FORM egal Department is -sf /01 ENGINEER'S REPORT September 13, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: CITY OF IOWA CITY I hereby certify that the construction of the Sludge Force Main Project has been completed in substantial accordance with the plans and specifications of the Engineering Divisionof the City of Iowa City. The total cost of this project is. $434,985.31._ Of this -amount, - approximately $189,240.00 is expected to be v r. reimbursed by the Environmental Protection Agency. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Respectfully submitted, Richar A. Fosse, P.E. Projects Manager 41O EAST WAII11NGTON STREET • IOWA CITY, IOWA 32240 • 15191 1t0-tn00 • 5AR (3 19) 250-5009 i ,J i U4 , 1 � l NY ENGINEER'S REPORT September 13, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: CITY OF IOWA CITY I hereby certify that the construction of the Sludge Force Main Project has been completed in substantial accordance with the plans and specifications of the Engineering Divisionof the City of Iowa City. The total cost of this project is. $434,985.31._ Of this -amount, - approximately $189,240.00 is expected to be v r. reimbursed by the Environmental Protection Agency. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Respectfully submitted, Richar A. Fosse, P.E. Projects Manager 41O EAST WAII11NGTON STREET • IOWA CITY, IOWA 32240 • 15191 1t0-tn00 • 5AR (3 19) 250-5009 i RESOLUTION NO. 89-220 RESOLUTION ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT WHEREAS, the Public Works Department has recommended that the work for improvements covering the supplemental contract for landscaping of the Benton Street Interceptor Sewer Project as included in a contract between the City of Iowa City and Tschiggfrie Excavating of Dubuque, Iowa, dated July 14, 1989, be accepted. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT - X 1 X BALMER X COURTNEY r ;=• - HOROWITZ i • is 11 RESOLUTION NO. 89-220 RESOLUTION ACCEPTING THE WORK FOR THE SUPPLEMENTAL CONTRACT FOR LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT WHEREAS, the Public Works Department has recommended that the work for improvements covering the supplemental contract for landscaping of the Benton Street Interceptor Sewer Project as included in a contract between the City of Iowa City and Tschiggfrie Excavating of Dubuque, Iowa, dated July 14, 1989, be accepted. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT - X AMBRISCO X BALMER X COURTNEY X HOROWITZ X X X KUBBY LARSON McDONALD Passed and approved this 19th day of September, 1989. MAY ATTEST: I' CrTY CLERK APPROVED AS TO FORM egal Department f—/3 �y 4 i I i • is 11 \ �r ENGINEER'S REPORT CITY OF IOWA CITY September 13, 1989 S Gf I: A Honorable Mayor and City Council Iowa City, Iowa rvli Dear Honorable Mayor and Councilpersons: I hereby certifythat the construction of the supplemental contract for landscaping of the Benton Street Interceptor Sewer " Project has been completed in substantial accordance with the ' plans and specifications of the Engineering Division of the City of Iowa ;City. The total cost of this supplemental contract is $17,004.69.. Of this amount, approximately $2,990.00 is expected to be reimbursed by the Environmental Protection Agency. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. + Respectfully submitted, J� i fi 1 RESOLUTION NO. 89-221 RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD SANITARY SEWER EXTENSION WHEREAS, the Engineering Division has recommended that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Scott Boulevard sanitary sewer extension as constructed by Murray's iExcavating & Grading Ltd. of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that isaid improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Larsoh and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 4—MA0Y X AMBRISCO r X BALMER — X COURTNEY X HOROWITZ X KUBBY 4—MA0Y September 13, 1989 ENGINEER'S REPORT CITY OF IOWA CITY 910 LAST WASHINGTON STREET 6 IOWA CITY. IOWA 51250 9 (319) 556.5000 9 EAR 1319( 5S6.1009 Honorable Mayor and City Council ` Iowa City, Iowa 1 ' Dear Honorable Mayor and Councilpersons: t I hereby certify that the construction of the improvement listed 1' below has been completed in substantial accordance with the plans ` and specificationsof the Engineering Division of the City of Iowa City. 1 Scott Boulevard sanitary sewer extension as constructed by Murray's Excavating & Grading Ltd. of Iowa City, Iowa. 'w r I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Resp�eccttfully/sJuvbqAi/t/fed, Charles Jl Schmadeke, P.E. Acting City Engineer , [1r � I 910 LAST WASHINGTON STREET 6 IOWA CITY. IOWA 51250 9 (319) 556.5000 9 EAR 1319( 5S6.1009 SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Bruce R. Glasgow and Florence E. Glasgow, husband and wife, First Party, which expression shall include their successors in in- terest and assigns and the City of Iowa City, Iowa, Second Par- ty, which expression shall include its successors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary sewage lines, pipes, mains and conduits (hereinafter collectively referred to as the "lines") as Second Party shall from time to time elect for conveying sewage, and all necessary appliances and fittings for use in connection with the lines, together with adequate protection for the lines, and also a right of way, with right of ingress to and egress from the lines, over and across the property de- scribed on the attached Exhibit "A". First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said lines to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strips which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said i �I CWZ ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjov- ment of the rights hereby granted; provided that First Party shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any res- ervoir or other obstructions on said area, or diminish or sub- stantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this day of M�(//+ti , 1988. Bruce R. Glasgow Florence E. Glasgow CITY F IOWA CITY, IICOLLWA BY: / N� ohn McDonald, Mayor BY:7e J 7 �?-� j Marian K. Karr, City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) On this � day of, 1988, before me, the undersigned, a Notary Public n an or the State of Iowa, per- sonally appeared Bruce R. Glasgow and Florence E. Glasgow, 1571 I i i j ii i , I I t I I 1 { I -3 - husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument and ac- knowledged that they executed the same as their voluntary act and deed. u i C ■ tary Public in and for the j State of Iowa. STATE OF IOWA ) j SS: JOHNSON COUNTY ) ' On this 101 day of'�and , 19889 before me,` the undersigned, a Notary Public i for the State of Iowa, per- 9� sonally appeared John McDonald and Marian K. Karr, to me per- 7 '; i sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal icorporation executing the within and foregoing instrument; that j the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �I ` Notary Public in and for the State of Iowa. I f 02/50-01-129 f (I 0 SANITARY SEWER EASEMENT ACROSS A PORTION OF LOT 126 COURT HILL -SCOTT BOULEVARD ADDITION - PART VIII Commencing at the Southeasterly Corner of Lot 126, Court Hill -Scott Boulevard Addition, Part VIII, Iowa City, Iowa, according to the Plat Recorded in Plat. Book 21, at Page 22, of the Records of the Johnson County Recorder's Office; Thence N57.35100"W, along the Southwesterly Line of said Lot 126, 117.80 feet, to the Point of Beginning of a 10 foot sanitary sewer easement centered on the Existing Sanitary Sewer Line; Thence S88°23109"E, along said sanitary sewer line, 100.11 feet, to the Easterly Line of said Lot 126, which is also the Westerly Right -of -Way of Scott Boulevard and said point being 60.33 feet NO003514211E of the Southeasterly Corner of said Lot 126. RESOLUTION NO. 89-222 RESOLUTION ADOPTING SUPPLEMENT NUMBER 41 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 41st supple- ment to the Code of Ordinances of the City of Iowa City, TNT—and, WHEREAS, it is deemed appropriate to adopt supplement number 41 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 41 to the Code of Ordinances of the City of Iowa City, Iowa, attaac=e to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Larson and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of Sentember , 1989_ yo r ATTEST ?DVr;D TO F0� it ... er c Dili ti� LEGAL DEPARTMENT 1 i RESOLUTION NO. 89-222 RESOLUTION ADOPTING SUPPLEMENT NUMBER 41 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 41st supple- ment to the Code of Ordinances of the City of Iowa City, TNT—and, WHEREAS, it is deemed appropriate to adopt supplement number 41 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 41 to the Code of Ordinances of the City of Iowa City, Iowa, attaac=e to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Larson and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of Sentember , 1989_ yo r ATTEST ?DVr;D TO F0� it ... er c Dili ti� LEGAL DEPARTMENT 1 J' SUPPLEMENT N0.41 August, 1989 CODE OF ORDINANCES City of IOWA CITY, IOWA i. Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, April through June, 1989, which are suitable for inclu- Bion in the Code; the latest Ordinance in this Supplement is: Ordinance No. 89-3422, adopted June 27, 1989. See Code Comparative Table, page 2970.2. Remove old pages Insert new pages xvii, xviii xvii, xviii Checklist of up-to-date pages Checklist of up-to-date pages 531-655 631-554 813-818 813-818 978.1 978.1 994.1, 994.2 994.1, 994.2 1569-1572 1669-1672 1689,1690 1689,1690 2247,2248 2247-2248.1 2257-2264 2257-2264.2 2274.5, 2274.6 2274.5-2274.8 2293-2302.1 2293-2302.4 2367-2370 2367-2370 2493,2494 2493-2494.1 2501,2502 2501,2502 2511-2518 2511-2518 2521-2530.2 2621-2530.2 2595,2696 2595-2596.1 2970.1 2970.1, 2970.2 Index pages Index pages 3008.1,3008.2 3008.1, 3008.2 3013-3014.2 3013-3014.2.1 Note—An updated checklist of pages in Code is included, fol• lowing Table of Contents. INSTRUCTION SHEET—Cont'd. 3047-3050.1 MAi 050 3077-3078.3 3077-3078.3 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576.3171 J 1-800-262-CODE(National) 1-800-342-CODE(Florida) 15U J \ f. TABLE OF CONTENTS—Cont'd. Chapter Page Div. 1. Generally ...................... 484 Div. 2. Impoundment ................. 489 Div. 3. Rabies and Disease Control ....... 494 Div. 4. Licensing and Vaccination ....... 495 8. Buildings and Building Regulations .............. 531 Art., I. In General ......................... 531 Art. II. Building Code ...................... 532 Art. III. Abatement of Dangerous Buildings.... 549 Art. IV. Mechanical Code................... 550 Art. V. House Movers ...................... 554 Div.. 1. Generally ..................... 554 Div. 2. Licenses and Permits............ 563 Art. VI. Electricity . , . , , , 565 .. Div. 1. Generally ....'................. 565 Div. 2. Administration andEdforcement -.. ' 569 Div. 3. Licenses, Certificatea, Permits and Inspections .................... 571 Art. VII. Plumbing ........................ 578 - Div. 1. Generally ... 578 Div. 2. Administration and Enforcement.. 587 9. Cemetery ................................... 617 9.1. City Plaza .................................. 639 10. ,Elections .................................... 671 Art. I. In General ......................... 671 Art. II. Municipal Election .Campaign. Finance . Regulations ....................... 671 Art. III. Precincts ......................... 672 11. Environmental Regulations .................. . . 739 Art. 1. In General ......................... 739 Art. II. Floodpiain Management , , , , , , , , , , , , , 739 12. Fire Prevention and Protection .................. 811 Art. 1. In General ......................... 811 Art. I1. Code ............................. 813 Supp. No, 41 Xvii !t i r \ f. TABLE OF CONTENTS—Cont'd. Chapter Page Div. 1. Generally ...................... 484 Div. 2. Impoundment ................. 489 Div. 3. Rabies and Disease Control ....... 494 Div. 4. Licensing and Vaccination ....... 495 8. Buildings and Building Regulations .............. 531 Art., I. In General ......................... 531 Art. II. Building Code ...................... 532 Art. III. Abatement of Dangerous Buildings.... 549 Art. IV. Mechanical Code................... 550 Art. V. House Movers ...................... 554 Div.. 1. Generally ..................... 554 Div. 2. Licenses and Permits............ 563 Art. VI. Electricity . , . , , , 565 .. Div. 1. Generally ....'................. 565 Div. 2. Administration andEdforcement -.. ' 569 Div. 3. Licenses, Certificatea, Permits and Inspections .................... 571 Art. VII. Plumbing ........................ 578 - Div. 1. Generally ... 578 Div. 2. Administration and Enforcement.. 587 9. Cemetery ................................... 617 9.1. City Plaza .................................. 639 10. ,Elections .................................... 671 Art. I. In General ......................... 671 Art. II. Municipal Election .Campaign. Finance . Regulations ....................... 671 Art. III. Precincts ......................... 672 11. Environmental Regulations .................. . . 739 Art. 1. In General ......................... 739 Art. II. Floodpiain Management , , , , , , , , , , , , , 739 12. Fire Prevention and Protection .................. 811 Art. 1. In General ......................... 811 Art. I1. Code ............................. 813 Supp. No, 41 Xvii !t i I.. IOWA CITY CODE Chapter Page Art. III. Department.......... ...... ....... 817 Div. 1. General] y ...................... 817 Div. 2. Bureau of Fire Prevention........ 817 13. Food and Fo6d Eit'ablishments ................. 867 Art. I. In General ................... v' ..." , 867 Art. 11. Restaurants .................. 867 14. Franchise ' a ............... ................ 915 Art. L Electricity ........ * ................. 915 Art. 11. Gas ........................ : .... 927 Art. III. Telephone ........................ 930.3 Art. IV. Broadband Telecommunications ..... 931 Div. 1. Generally ......... ; .......... 931 Div. 2. Enabling Ordinance ........... 933 15. Garbage, Trash and Refuse .................... 981 Art. 1. In General ........................ 981 Art, 11. Collectors ........................ 988 Div. 1. Generally .................... 988 Div. 2. Permit ...................... 988 A. 111. Storage ....................... 990 Art. IV. Collection, Transportation and Disposal 992 Art. V. Littering ................... t ...... 994.2 16. Health and Sanitation (Reserved) ............... 1049 17. Housing ................................... . 1 . 149 18. Human Rights ............. ................. 1229 Art. I. In General ......................... 1229 Art. 11. Commission . '. ................ ... 1232 Art. M. Discriminatory Practices ........... 1234 19. Reserved ................................... 1297 20. Library ................... I - . - . 1351 Art. S. In General ........................... .... 1351 Art. 11. Board of Trustees ........... .... :. 1352 21. Licenses and Miscellaneous Business Regulations , . 1407 Art. I. In General ........................ 1407 Art. 11. Reserved ......................... 1409 Supp, No. 41 XVI'ii 1 Checklist of UP -to -Date Pages alis checklist will he updated with the Printing of each Supplement) From our experience in publishing Looseleaf Supplements on a Page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. , . The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each pcge. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. Theletters _"OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code.,When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv OC 9,10 24 V, � -11,12 OC 24 vtt 3 13,14 24 ix, x OC 15,16 24 X1, xff OC 17,18 24 ' xiii, xiv OC 19,20 33 xv, xvi 39 71 27 xvii, xviii 41 121,122 31 xix, xx 35 122,1 31 xxi, xxii 37 123, 124 OC xxiii 34 125,126 31 1,2 24 127.128 d35, 314 27 177,178 34 5,6 Supp. No. 41 24 179,180 " 29 � i 11] /57.ZoZ 7 I t j ,f ol IOWA CITY CODE Page No. Sup 181,182 183,184 185,186 186.1 187,188 188.1 189, 190 191,192 193,194 195, 196 19,7, 198 199,200 - - 201,202 251,252 j 303,304 304.1 305,306 307,308 309,310 311,312 313,314 315,316 317,318 319,320 321,322 323,324 325,326 327,328 329,330 331,332 333,334 335,336 337,338 339,340 341,342 343,344 361,362 363,364 365,366 'Supp. No. 41- p . No. Page No. Supp. No. 18 367,368 89 - 25 IOWA CITY CODE Page No. Sup 181,182 183,184 185,186 186.1 187,188 188.1 189, 190 191,192 193,194 195, 196 19,7, 198 199,200 - - 201,202 251,252 j 303,304 304.1 305,306 307,308 309,310 311,312 313,314 315,316 317,318 319,320 321,322 323,324 325,326 327,328 329,330 331,332 333,334 335,336 337,338 339,340 341,342 343,344 361,362 363,364 365,366 'Supp. No. 41- p . No. Page No. Supp. No. 18 367,368 89 - 25 369,370 39 25 370.1 39 25 371,372 18 32 372.1, 372.2 18 10 372.3 18 OC 373,374 5 OC 375,376 34 16 376.1 34 OC 377,378 39 OC 378.1 39 6 .379,380- OC 34 381,382 39 28. 383,384 " -39 26 385,386 39 26 387,388" 39 13 389,390 39 `14'. 431..., '..28 14 483,484 8 14 485,486 8 14 487,488 8 14 489,490 8 14 491,492 ' 35 14 493,494 35 14 495,496 35 14 497,498 35 23 531,532 41 23 533,534 41' 23 635,536 41 23 537,538 41 23 539,540 41 23 541,542 41 25 543,544 41 25 546,546 41 25 547,548 41 25 549,550 41 39 551,552 41 39 553,564 41 39 657,658 17 (2) 1.572- 7 S7z II ' AI I!` 'j I !I' i II ' I CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp, No. 17 680.5, 680.6 20 17 680.7 20 26 681,682 Page No. 35 683 559,560 35 739,740 561,562 - 35 741,742 563,664 35 743,744 565,566 35 746,746 667,568 35 747,748 569,570 35 749,750 571,572 35 751,752 573,574 33 753,754 575,676 33 755 577,578 33 811,812 578.1 - 33 813,814 579,680 33 815,816 581,582 33 817,818 683,584 33 867,868 686,686 33 915,916 587,688 33 917,918 589,590 OC 919,920 591,592 593,594 36 921,922 595 37 923,924 617, 618 37 925,926 639,640 35 927,928 641,642 ,35 929,930 642.1 35 931,932 643,644 29 933,934 645,646 29 935,936 646.1 29 937,938 647,648 29 938.1,938.2 649,650 29 939,940 651,652 17 941,942 653,654 17 943,944 655,656 11 945,946 671,672 20 947,948 673 20 949,950 675,676 20 950.1, 950.2 677,678 20 951,952 679,680 ' 680.1, 680.2 r 680.3, 680.4 l Supp. No, 41 CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp, No. 17 680.5, 680.6 20 17 680.7 20 26 681,682 11 35 683 20 35 739,740 33 - 35 741,742 33 35 743,744 33 35 746,746 33 35 747,748 33 35 749,750 33 35 751,752 33 33 753,754 33 33 755 33 33 811,812 OC - 33 813,814 41 33 815,816 - 41 33 817,818 41 33 867,868 OC 33 915,916 31 33 917,918 31 OC 919,920 31 36 921,922 31 37 923,924 31 37 925,926 31 35 927,928 31 ,35 929,930 31 35 931,932 14 29 933,934 19 29 935,936 19 29 937,938 19 29 938.1,938.2 19 29 939,940 1 17 941,942 " 1 17 943,944 1 11 945,946 _1 20 947,948 1 20 949,950 1 20 950.1, 950.2 1 20 951,952 1 131 I I i i I i \ 1' IOWA CITY CODE Supp. No. Page No. 1 997,998 1 999 1 1049 19 1149,1150 19 1151,1162 23 1153,1154 1 1155,1156 1 1157,1158 1 1158.1 1 1159,1160 19 1161,1162 30 1163,1164 30 1165,1166 19 1167,1168 41 1169,1170 1 1171,1172 1 1173,1174 23 1176,1176 23 1177,1178 1 1178.1 23 1179,1180 23 1181,1182 19 1183,1184 19 1185,1186 19 1187,1188 1 1188.1 1 1189,1190 29 1191,1192 29 1193 29 , 1229,1230 3 .1231,1232 3 1233,1234 1 1235,1236 34 1237,1238 34 1239,1240 29 1241,1242 34 1243,1244 41 1245,1246 11 1247,1248 [4] Supp: No. 1 11 OC 37 8 8 20 37 37 8 37 37 8 37 37 37 37 37 37 37 16 15 37 37 37 37 13 13 8 21 21 21 21 23 23 21 21 21 21 1� I' I( i +I HECKLiST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 21 1564.1 25 - 25 1565,1566 11 - 28.-1567,1568 11 OC 1668.1,1568.2 33 33 1669,1570 41 18 1571,1572 41 -- 28 1572.1,1572.2 11 28 1573,1574 11 OC 1575,1576 11 OC 1577,1578 11 OC 1579,1580 11 33 1581,1582 34 33 1683,1684 34 -. :.33 '1585,1586 - 34 14 1587,1588 34 ` 33 . 1689,1590 - 34 14 -1591,1592 . 34 14 1693,1594 _- 34 14 1595,1596 2 14 1597 2 18 1643,1644 35 10 .1645,1646 1 3 1646.1 1 11 1647, 1648 OC 11 1649,1650 37 11 1651, 1652 00 11 1653, 1654 OC 11 1655, 1656 OC 11 1657,1658 27 11 1659,1660: 38 11 1661,1662 38 22 1662.1,1662.2 38 18 1662.3,1662,4 38 18 1662.5,1662.6 38 11 1662.7 38 14 1663,1664 14 11 1665,1666 14 11 1667,1668 26 25 1669,1670 35 [5] 157-L i I u i" i IOWA CITY CODE Supp. No. Page No. Supp, No. 35 1859,1860 23 • 14 1861,1862 23 14 1863,1864 23 14 1903 24 14 1967,1968 oc 41 1969,1970 oc 14 2021,2022 34 14 2023, 2024. 34 14 2025 34 14 2121,2122 21 19 2123,2124 25 35 .2125,2126 35 35 2126.1, 2126.2 -35 OC 2126.3 35 34 2127,2128 30 36 2129,2130 25 .35 2131,2132 '25 OC 2133,2134 25 23 2134.1 25 23 2135,2136 oc 34 2137,2138 oc 34 2139,2140 A 34 2140.1 36 29 2141, 2142 OC 29 2143,2144 35 29 2144.1 35 29 2145,2146 oc 34 2147,2148 20 34 2149,2150 20 12 2151,2152 20 12 2197,2198 37 26 2199,2200 37 26 2201,2202 37 OC 2202.1 37 OC 2203,2204 16 23 2205,2206 16 29 2207,2208 16 27 2208.1 16 27 2209,2210 12 [6] i. [ CHECKLIST OF UP-TO-DATE PAGES 1 Page No. Supp, No. Page No. Supp. No. 2210.1 - 2211, 2212 12 2282.11, 2282.12 OC - 7 2213, 2214 2282.13, 2282.14 3 2282.15, 2282.16 20 20 2215,2216 2217, 2218 3 2282.17,2282.18 20 . 2219, 2220 37 2282.19, 2282.20 37 2282.21, 2282.22 27 2241, 2242 2243,2244 37 2282.23, 2282.24 20 20 ; 2246,2246 27 2282.25,2282.26 34 '2282.27,2282.28 20 I! 2247,2248 -2248,1 41 2282.29,2282.30 20 20 2249,2250 41 -2283,2284:.. 38 2285,2286 p� t 2251,2252 37 "2287 2288 OC I - 2253,2254 2255,2256 37 2289,2290 18 •� 2267,2268 37 .2290.1 41 2291,2292i` 13 ; 2259,2260 2261,2262 412292.1 6.f- ;..6 2263,2264 41 2293,2294 41 2295,2296 41 2264.1,2264.2 41 2297,2298 91 41 2265,2266 37 2299,2300 41 2267,2268 2269, 2270 31 2301,2302 41 2271, 2272 7 2302.1, 2302.2 9 2302.3, 2302.4 41 2273,2274 34 2303,2304 q1 81- 2274.1,2274.2 36 2305,2306 31 2274.3,2274.4 36 2307,2308 91 2274.5,2274.6 41 2309,2310 31 2274.7,2274.6 2276 41 2311,2312 31 2276.1 .1 1 2313 1 2351,2352 31 1. 2277, 2278 2279,2280 OC 2353, 2354 OC 2281, 2282 14 2355, 2356 14 2357, 2368 OC OC 2282.1, 2282.2 7 2359, 2360 g 2282.3, 2282.4 7 2361, 2362 0C 2282.5, 2282.6 2282.7,2282.8 7 2363, 2364 OC 2282.9,2282.10 7 2365,2366 7 2367,2368 1 I Hupp. No. 41 41 I [7] I I /57-Z 'I i i I 15 M IOWA CrrY CODE Page No. Sapp. No. Page No. Sapp, No. 2369,2370 41 2529,2530 41 2419,2420 25 2530.1, 2530.2 41 2421,2422 25 2531,2632 27 2423,2424 25 2533,2534 27 2425,2426 34 2535,2536 38 2426.1 34 2537,2538 38 2427,2428 25 2538.1 31 2429 25 2539,2540 25 2477,2478, 25 2541,2542 25 2479,2480 35 2543,2544 25 2481 35 2545,2546 39 2483,2484 19 2646.1,2546.2 39 2485,2486 *37 2547,2548 33 2486.1 37 2548.1,2548.2 -33 2487,2488 35 2548.3,2548.4 33 2489,2490 37 2549,2550 25 2490.1 35 2551,2552 :-26 2491,2492 25 2553,2554 33 2493,2494 41 2555,2556 33 2494.1 41 2579,2580 19 2495,2496 36 2581,2582 31 2496.1 36 2583,2584 31 2497,2498 37, 2585,2586 31 2499,2500 25 2586.1,2586.2 31 2501,2502 41 2586.3,2586.4 31 2502.1 .35 2587,2588 35 2503,2504 27 2591,2592 36 2505,2506 35 2593,2694 25 2507,2508 35 2596,2596 41 2509,2510 35 2596.1 41 2511,2512 41 2597,2598 19 2513,2514 41 2599,2600 39 2515,2516 41 2601,2602 36 2517,2518 41 .2603,2604 19 2519,2520 25 2605,2606 38 2521,2522 41 2606.1 38 2523,2524 41 2607,2608 19 2625,2526 41 2609,2610 31 2527,2528 41 2611,2612 36 Supp. No. 41 181 15 M ICHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 36 2673,2674 26 I, 36 2675,2676 27 - 27 2676.1 27 37 2677,2678 25 37 2679,2680 19 38 2681, 2682 19 37 2683,2684 19 25 2685,2686 19 29 2687 19. 29 2787 19 29 2913,2914 39 29 2935, 2936 OC .� 26 2937,2938 14 27 2939, 294016 . 2R 2941, 2942 16 j 26 2943, 2944 OC 39 2945, 2946 OC 39 2947,2948 13 29, 2949, 2950 OC ' 34. 2951,2952 2 39 2953,2954 6 iI 34 2955,2956 7 24 2957,2958 13 28 2959, 2960 19 25 2961,2962 24 27 2963,2964 24 36 2965,2966 27 36 2967,2968 34. .36- 2969,2970 37: 27 2970.1, 2970.2 41 25 2971, 2972 OC 25 2973,2974 24 22 2975,2976 24 25 2977,2978 38 27 2979,2980 26 28 2981,2982 39 28 2982.1 39 28 2983,2984 35 19 2984.1, 2984.2 35 (9) j /57ez. i ®m ■ IOWA CITY CODE Supp. No. Page No. 28 3031,3032 35 3032.1,3032.2 37 3032.3 37 3033,3034 37 3035,3036 37 3036.1 37 3037,3038 37 3039,3040 34 3041,3042 38 3042.1, 3042.2 38 3043,3044 37 3044.1 35 3045,3046 35 3047,3048 28 3049,3050 38 3051,3052 38 ' 3053, 3054 41 3054.1,3054.2 33 3056 28 3056.1, 3056.2 28 3057,3058 5 3059,3060 31 3061,3062 41 3063,3064 Al '3065,3066 41 3067,3068 38 3069,3070 28 3070.1 28: 3071,3072 19"..3073,3074 19 3074.1 8 3075,3076 31 3077,3078 38 3078.1, 3078.2 38 3078.3 33 3079,3080 34 3081,3082 37 3083,3084 37 3085,3086 [10] i Page No. Supp. No. 2985,2986 2987,2988 38 2989,2990 2991,2992 38' 2993,2994 2995,2996 38 2996.1,2996.2 2996.3 35 2997,2998 2999,3000 35 3000.1 ' 3001,3002 35 3003,3004 -3004.1_. 29 . 3005,3006 3006.1, 3006.2 33 3007 3008.1,3008.2 28 3008.2.1 3008.3, 3008.4 37 3009 3010.1, 3010.2 i 3011, 3012 3013,3014 3014.1, 3014.2 3014.2.1 3014.3 28 3015,3016 +, 3016.1 41 3017, 3018 3018.1 41 3019,3020 - 3020.1, 3020.2 36 3021,3022 3022.1 3023,3024 3025,3026 3027,3028 37 3029,3030 _ - Supp, No. 41 IOWA CITY CODE Supp. No. Page No. 28 3031,3032 35 3032.1,3032.2 37 3032.3 37 3033,3034 37 3035,3036 37 3036.1 37 3037,3038 37 3039,3040 34 3041,3042 38 3042.1, 3042.2 38 3043,3044 37 3044.1 35 3045,3046 35 3047,3048 28 3049,3050 38 3051,3052 38 ' 3053, 3054 41 3054.1,3054.2 33 3056 28 3056.1, 3056.2 28 3057,3058 5 3059,3060 31 3061,3062 41 3063,3064 Al '3065,3066 41 3067,3068 38 3069,3070 28 3070.1 28: 3071,3072 19"..3073,3074 19 3074.1 8 3075,3076 31 3077,3078 38 3078.1, 3078.2 38 3078.3 33 3079,3080 34 3081,3082 37 3083,3084 37 3085,3086 [10] 15,7z i Supp. No. ..._ 38 38' 38 35 35 35 29 33 28 37 38 38 28 i 41 41 - { 36 37 37 ..".... 16 34 18 '34:' • •j:. 2 18: 18 i. 38'. 38' 38 38 35 41 •41 41 19 19 33 i 27 E 15,7z CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 37 3091,3092 24 27 3093,3094 37 27 fill 157-7- 0 J 7oZ j - +I >I i I; I 11 - da j ,1 i II 'i ; i Supp. No. 41 t CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 37 3091,3092 24 27 3093,3094 37 27 fill 157-7- 0 J 7oZ j - +I >I i I; 11 - da II 'i ; OR a Chapter 8 BUILDINGS AND BUILDING REGULATIONS* Art. 1. In General, 69 8-1-8-15 Art. H. Building Code, It 9.16-83o Art. Dl. Abatement of Dangerous Buildings, If 831-843 Art IV. Mechanical Code, if 8.44-8-57 Art. V. HouseMovers, illiati-4t.100 Div. L Generally, if 848-876 Div. 2. Licenses and Permits, §§ 8.77--8.100 Art. VI. Electricity, §1 &101-4;.160 Div. 1. Generally, If B-101-8-123 Div. 2. Administration and Enforcement, 118-124-8-137 Div. 3. Licenses, Certificates, Permits and inspections, If 8-138- 8.160 Art, VI, Phuc6lng' 11 Div. 1. Generally, H 8.161-8170 Div. 2. Administration and Enforcement, if 8171-4-190 ARTICLE L IN GENERAL Sec. 8-E Urban removal. (a) Authorization. The city is hereby authorized to purchase, place and maintain temporary modular Structures in the central business zone of the City to effectuate business relocation for the City -University Project, Iowa R-14. (b) Exceptions to building regulation& In accordance with the provisions of section 403.12(1)(h) Of the Code of Iowa, the plans and specifications of the Business Relocation Mall, City -University Project, Iowa R-14; insofar as the same are in conflict with the city building code and all other regulations, are hereby excepted therefrom, in order to implement such Urban Renewal Project. (Code 1966, §§ 9.80.1, 9.80.2; Ord. No. 2653, §§ 2, 3) Sees. 8-2--815. Reserved. *Cross references -Department or housing and inspection services, Ch. 2, Art. VI; floodplain regulations, 9 11.7 et seq.; fire prevention and protection, Ch. 12; housing, Ch. 17; manufactured housing, Ch. 22; burglar alarm, 124-126 at seq.; planning, Ch. 27; subdivision regulations, Ch. 32; utilities, Ch. 33; zoning regulations, Ch. 36; sign erector's license and permit, 136-64. Supp. No. 41 531 1572 II ■ § 8.16 IOWA CITY CODE ARTICLE 11. BUILDING CODE Sec. 8.16. Adopted. Subject to the following amendments, the Uniform Building Code Standards, 1988 Edition and the 1988 Edition of the Uni- form Building Code are hereby adopted and shall be known as the Iowa City Building Code or the building code. Interpretations of the building official shall be guided by the UBC application/ interpretation manual. (Ord, No. 77.2859, § 2, 9.6.77; Ord. No. 80.3005, § 2, 8-26.80; Ord. No. 84.3171, § 2, 1-31.84; Ord. No. 87.3314, § 2(1), 4-7.87; Ord. No. 89-3406, § 2, 5.2.89) Editor's note—Ord. No. 77-2859, 16, enacted Sept. 6,1977, repealed Ord. No. 2709, enacted April 9, 1974, and Ord. No. 76.2775, enacted July 22, 1975, which had been codified as §§ 8.16-8-18. Sections 2-4 of Ord. No. 77.2859 were codified as new if 8-16-8-18. Section 5 provided that copies of the building code and any amendments thereto would be available in the office of the city clerk. Oroas references—Code for abatement of dangerous buildings, 18-31; me- chanical code, 1844 el seq.; electrical code, 18104; plumbing code, 18.161; fore prevention code § 12.16 at seq. Stale law reference—Adoption of codes by reference, I.C.A. 1399.10. Sec. 8.17. Amendments. The following sections of the 1988 Edition of the Uniform Build- ing Code (UBC) are amended to read as follows: (1). UBC Section 202, Powers and duties of building officia{ is amended to read as follows: (a) GeneraL The building official is herebyauthorized and directed to enforce all the, provisions of this code. For such "purposes, he/she shall have the powers of a law enforcement officer. (b) Deputies. In accordance with prescribed procedures and with the approval of the city manager, the building official shall appoint such number of technical officers, inspectors and other employees as may be necessary to carry out the functions of the code enforcement agency. (c) Right of entry. Whenever necessary to make an inspec- tion to enforce any of the provisions of this code or whenever Supp. No. 41 __-- 532 IIi ( n ^1 ` I ( II r BUILDINGS AND BUILDING REGULATIONS 4 5.17 the building official or his authorized representative has rea. �i sonable cause to believe that there exists in any building or upon any premises, any condition which makes such building I: or premises unsafe as defined in Section 203 of this code, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he/she shall first present proper credentials and re- quest entry; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the build- ing official or his/her authorized representative shall have re- course and every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his/her author- ized representative, for the purpose of inspection and examina. ._ tion pursuant to this code. Any person violating this subsection shall be guilty of a misdemeanor. (d) Notices. (1) Whenever any work is performed in violation of this code, the building official may serve a written notice or order upon the owner or his/her agent, directing him/her to discontinue the violation. (2) In the event such notice or order is not promptly com- plied with, the building official may institute an action at law or in equity to require compliance and to enjoin occupancy of the structure while it is not in compliance - with this code. (e). Stop -work orders. Whenever any work is being done con- trary to the provisions of this code, the building official may order the work Stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until —,* authorized by the building official to proceed with the work. \ Supp. No. 41 633 � I 02- i 157.2— �i J. I: ,3. 4 8.17 IOWA CITY CODE O Occupancy violations. Whenever any building or struc. ture or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, or a portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time period prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. (g) Liability. The building official or his/her authorized rep- resentative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself personallylia- ble for any damage that may occur to persons or property as a result of any act orby reason of any act or omission in the discharge of his/her duties. Any suit brought against the build- ing official or employee because of such act or omission per- formed by him/her in the enforcement of any provision of this code, shall be defended by legal counsel provided by this juris. diction until final termination of such proceedings.. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or prop. erty,caused by, defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any certificates of inspection issued under this code. :.. (h) Cooperation of other officials and officers. The building official may request, and shall receive so far as is required in the discharge of his/her duties, the assistance and cooperation of other officials of this jurisdiction. (2) UBC Section 204, Board of Appeals, is amended to read as follows: Board of appeals. In order to determine the suitability of alternatematerials and methods of construction and to provide 'for reasonable interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters Supp. No. 41 .534 /57.2 jl i i r II �. i I BUILDINGS AND BUILDING REGULATIONS ¢ 8.17 pertaining to building construction and interpretations of the building official and who are not employees of the jurisdiction. The building official shall be an ex officio member of and shall act as secretary to said board. The board of appeals shall be appointed by the city council and shall hold office at its plea. : sure. The board shall adopt rules and procedures as set forth in the Iowa City Administrative Code. (3) UBC Section 205, Violations,, is amended to read as follows: - (a) Penalties. - - (1) A person who shall violate a provision of this ordinance or fail to comply therewith or with any of the require- ments thereof or who shall erect, construct, alter or re- pair or have erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder; shall be guilty of a misdemeanor punishable by a fine not exceed ing one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. (2) The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and any who may have assisted in the omission [sic] of such violation shall be guilty of a separate offense. (b) Abatement The imposition of penalties herein prescribed "shall not preclude the 'city from instituting an appropriate action or proceeding to prevent an unlawful erection, construc- tion, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, erect or abate a violation or to prevent the occupancy of a building, structure or premises." (4) UBC Section 301, Permits, Subsection (b), is amended to read as follows: (b) Exempted work. A building permit shall not be required for the following: (1) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the Supp. No. 41 535 I 18-17 IOWA CITY CODE floor area does not exceed one hundred forty-four (144) square feet. (2) Fences not over six (6) feet high. (3) Oil derricks. (4) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (5) Retaining walls which are not over four (4) feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding flam. mable liquids. (6) Water tanks supported directly upon grade if the capac. ity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two Wtoone. (7) Walks and driveways not over any basement or story below. J (8) Painting, papering and similar finish work. (9) Temporary motion picture, television and theater stage sets and scenery. (10) Window awnings supported by an exterior wall or Group R, Division 3, and Group M occupancies when projecting not more than fifty-four (54) inches. (,11), Prefabricated swimming pools accessory to a Group R, Division 3, occupancy in which the pool walls are an. tirely above the adjacent grade, if the capacity does not exceed five thousand (5,000) gallons and is less than eighteen (18) inches in depth. (12) Reapplication of roof shingles and siding of Group R, Division 3, and Group M occupancies, if structural al. terations are not needed. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above -exempted items. Supp. No. 41 536 ? 1-s72 ill m ti JI ill m I BUILDINGS AND BUILDING REGULATIONS 4 8.17 Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (5) UBC Section 303, Expiration, Subsection (d), is amended to read as follows: (d) Expiration. Under the following circumstances, every. per. mit issued by the building official under the provisions of this code shall expire by limitation and become null and void: (1) If the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit; (2) If after one hundred eighty (180) days from the date of such permit, less than ten (10) per cent of the total cost of all construction, erection, alteration, enlargement, repair, "- demolition or other work covered by such permit is com- pleted on the site; (3) If the building or work authorized by such permit is suspended or abandoned at any time atter the work is commenced for a period of one hundred eighty (180) days; (4) If the building or work authorized by such permit is not completed within twenty-four (24) months from the date the permit was issued. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that the expiration of the permit for such work has not exceeded one year. In all other cases, in order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding any unexpired permit may apply for an extension of time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by Supp. No. 41 537 /s7z I i I I ' 1`1 i it i j I 4 8-17 IOWA CITY CODE f u ] structure oalss cation of a building or l be made until the building official has issued a certificate of occupancy therefor, as pro- vided herein. (8) UBC Section 401, Definitions, genera4 is amended to read as follows: General For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specific in this chapter.. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gen- der include the feminine, and the feminine the masculine. Where terms are not defined, they shall have their ordinar- ily accepted meanings within the context with which they are used. Webster's New Collegiate Dictionary shall be considered as providing ordinarily accepted meanings. (a) -(e) Reserved (t) UBCSection 407, Definitions, 'T", the definition of "fami• ly," is amended to read as follows: the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have pre- vented action from being taken. No permit shall be extended more than once. (6) UBCSection 304, Fees, is amended to read as follows: (a) General All fees for and/or associated with each required permit shall be paid to the city as set forth in the fee schedule as established by resolution by the city council. The latest edition of the building standards, as prepared by the International Conference of Building Officials, may be used to determine the valuation of a permit; - - - (7) UBC Section 307, Certificate ojoccupanc%Subsection (a),is amended to read as follows: (a) Use or occupancy. No building or structure of Group A, B, E, H, I or R occupancies shall be used or. occupied and nocy change in the existing occupancla r portion thereof shall Supp, No. 41 598 /S 7Z 0 i BUILDINGS AND BUILDING REGULATIONS 18-17 Family. One person or two (2) or more persons related by blood, marriage, adoption or placement by govern- mental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2), persons not related by blood, marriage or adoption. (g) UBC Section 408, Definitions, "G", the definition of"guest" is amended to read as follows: Guest. An individual who shares a dwelling in a non- permanent status for not more than thirty (30) days. (h) UBC Section 409, Definitions, Y, the definition of "hotel' is amended to read as follows: Hotel A residential building licensed by the state and occupied and used principally as a place of lodging for guests:, (i)--(9) Reserved (r) UBC Section 419, Definitions, 'R' the definition of "room. , ...,ing house" is amended to read as follows: Rooming house Any dwelling or that part of any dwell• ing containing one or more rooming units in which space is let by the owner or operator to four (4) or more roomers. (a) Reserved (t) UBC Section 421, Definitions; -T' the definition of "truss" is amended to read as follows: Truss, Is Is a prebuilt and engineered component em- ploying one or more triangles in its construction or an approved designed and engineered component that func- tions as a structural support member. (9) UBC Section 1201, Requirements for Group R occupancies, Division 1, is amended to read as follows: Division 1. Hotels, apartment houses and rooming houses. Convents and monastery (each accommodating more than ten (10) persons). Supp. No. 41 639 /57z 4 8-17 IOWA CrrY CODE (10) UBC Section 1205, Light, ventilation and sanitation, Sub. section (a), is amended to read as follows: (a) Light and ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight (8) per cent of the floor area of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of open. able exterior openings with an area not less than one -twenty. fifth ('/„) of the floor area of such room with a minimum of one and one-half (1'h) square feet. All guest rooms, dormitories and habitable rooms within a dwelling. unit shall be provided with natural ventilation by meansof openable exterior openings with an area of not less than one -twenty-fifth ('/„) of the floor area of such rooms with a minimum of four (4) square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corri. dors. One-fifth ('/,) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour; shall be provided. For the purpose of determining light and ventilation requirements, any room, may beconsid- ered as a portion of an adjoining room when one-half ('h) of the area of the common wall is open and unobstructed and provides an opening of not leas than eight (8) per cent of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTIONS: (1) Required windows may open onto a roofed porch, where the porch: Supp. No. 41 640 7. j: 1 BUILDINGS AND BUILDING REGULATIONS 4 B-17 a. Abuts a street, yard or court; and b. Has a ceiling height of not less than seven (7) feet; and C. Has the longer side at least sixty-five (66) per cent open and unobstructed. (2) Kitchens need not be provided with natural light by means ofexterior glazed openings, provided artificial lighting is provided. (11) UBC Section 1207, Room dimensions, Subsection (a), is amended to read as follows: (a) Ceiling heights. Habitable space shall have a ceiling height of not leas than seven (7) feet six (6) inches except as otherwise permitted In this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 'forty-eight (48) Inches on center, ceiling height shall be mea- sured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight (48) inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not leas than seven (7) feet above the floor. If any room in a building has a eloping ceiling, the prescribed ceiling height for the room is required in only one-half (1fi) the area thereof. No portion of the room measuring leas than five (6) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. Irani room has a furred ceiling, the prescribed ceiling height is required in two-thirds (%) the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet., EXCEPTIONS: (1) The ceiling height in Group R, Division 3 occupancies, may be reduced to six (6) feet eight (8) inches for main support beams, but in no case shell reduce the prescribed ceiling height by less than two-thirds (%) of the floor area of the room. Supp. No. 41 641 /5U i ?I II7 I� I , 5 B-17 IOWA CITY CODE i (2) The ceiling height in basements of Group R, Division 3 occupancies which existed prior to the adoption of the 1988 Uniform Building Code, may be reduced to seven (7) feet, but shall meet all other requirements of the code. (12) UBC Chapter 17 is amended by adding the following new Section 1717, Minimum ceiling heights, to read as follows: All occupancies shall have a minimum ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling, except as otherwise required by this code. (13) UBC Chapter 17 is amended by adding the following new Section 1718, Trusses, to read as follows: - - - - - Preparation, fabrication and installation of trusses shall con- form to accepted engineering practices and to the requirements of this code. No alterations, including, but not limited to, cut- ting, splicing or removal of webs, gussets or cords, shall be made without approval of acertified engineer and the building official. Any alterations not acceptable to the building official ,shell becorrectedor the altered member removed and replaced with an acceptable method of construction. (14) UBC Section 1807, Special provisions for Group B, Divi- sion 2 office buildings and Group A Division 1 occupancy, Sub- section (q); is amended to read as follows: (a) Scope This section shall apply to all Group B, Division 2 - office buildings and Group R, Division 1 occupancies located in buildings which are more than four (4) stories or sixty-five (65) feet above the lowest level of fire department vehicle access or of greater height than the ladder capability of the fire depart- ment from the lowest level of department vehicle access. Such building shell be provided with an automatic sprinkler system in accordance with Section 1807(c). (15) UBC Section 2516, General construction requirements, Sub. section (J)4.11., is amended to read as follows: (O4.B. Attics Draft stops shall be installed in attics, man- i sards, overhangs, false fronts set out from walls and similar concealed spaces of buildings so that the area between draft i Supp. No. 41 542 1 1572 i 'i Ii I! � I i, W BUILDINGS AND BUILDING REGULATIONS 4 817 stops does not exceed three thousand (3,000) square feet and the greatest horizontal dimension does not exceed sixty (60) feet. Such draft stops shall be above and in line with the walls separating tenant spaces from each other and divide the attic spaces into approximately equal areae. EXCEPTION: (1) Where approved automatic sprinklers are installed, the area between draft stops may be nine thousand (9,000) square feet and the greatest horizontal dimension may be one hundred (100) feet. (2) Draft stops in attics of single-family dwellings may be omitted. (16) .UBC Section 2907, Footings, Subsection (a), is amended to read as follows: (a) GeneraL Footings and foundations, unless otherwise ape- cifically Provided, shall be constructed of masonry, concrete or treated wood in conformance with UBC Standard No. 29.3 and in all cases shall extend below the frost linea Footings of con. trete and masonry shall be of solid material. Foundations sup. Porting wood shall extend at least six (6) inches above the adjacent finish grade. Footings shall have a minimum depth as indicated in Table No. 29A, unless another depth is recom- mended by a foundation investigation. EXCEPTION: A one-story accessory building not used for human occupancy and not over one thousand (1,000)square feet in floor area need not be provided with a footing extending below the frost line. Table No. 29-A, Foundations for stud hearing walls—Minimum requirements, is amended to read as follows: i Supp. No. 41 643 I1 i ..- 10WA CITY CODE Table Na 29-A. Foundations far Stud Bearing Wall&Minimunt Requirements Minimum Depth of Foundation Below Number of Thickness of Natural Surface of Floors Foundation Walls Minimum GroundorFintsh Supported (inches) Width Thickness Grade(whichever by the Unit Fooling of Footing is lower) Foundation' Concrete Masonry (inches) (inches) (inches) 1 8 8 16 8 42 2 8 8 16 8 42 3 8 10 18 8 42 'Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for supporting one floor. (17) UBC Section 3205, Attics., Access, draft stops and ventila- tion, Subsection (a), is amended to read as follows: (a) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in 6 corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed to be readily accessible. The clear opening shall be not less than twenty (20) inches by thirty (30) inches. Thirty (30) inches minimum clear headroom shall be pro. vided above the access opening. 'Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access openings. (16) UBC Section 3306, Stairways, Subsections 0) and (p), are amended to read as follows: 0) Handrails. Stairways shall have handrails on each side, and every stairway required to be more than eighty-eight, (88) inches in width shall be provided with not less than one inter- mediate handrail for each eighty-eight (88) inches of required width. Intermediate handrails shall be spaced approximately equally across the entire width of the stairway. Supp. No. 41 644 J, BUILDINGS AND BUILDING REGULATIONS 18.17 EXCEPTIONS: (1) Stairways less than forty-four (44) inches in width or stairways serving one individual dwelling unit in Group R, Division 1 or 3 occupancies may have one handrail. (2) Private stairways thirty (30) inches or less in height may have handrails on one side only. (3) Stairways having less than four (4) risers and serving one individual dwelling unit in Group R, Division 1 or 3, or serving Group M occupancies need not have handrails. ..The top of handrails shall be placed not less than thirty (30) inches nor more than thirty-eight (38) inches above the nosing of treads., They shall be continuous the full length of the stairs _ and, except for private stairways, at least on handrail shall extend not less than six (6) inches beyond the top. and bottom risers. Ends shall be returned or shall terminate in newel posts or safety terminals. - The handgrip portion of the handrails shall be not less than one and one-half (154) inches nor more than two (2) inches in cross-sectional' dimension or the shape shall provide an equiva. lent gripping surface. The handgrip portion of handrails shall have a smooth surface with no sharp corners. Handrails projecting from a wall shall have a space of not less than one and one-half (154) inches between the wall and the handrail. (p), Headroom. Every stairway shall have a headroom clear. lance of not less than six (6) feet eight (8) inches. Such clear- nces. shall be measured vertically from a plane parallel and tangent to the stairway tread nosings to the soffit above at all points. _ EXCEPTION: Within individual dwelling unite, the head. room clearance may be reduced to six (6) feet six (6) inches. (19) UBC Section 3314, Exit signs,Subsection (a), is amended to read as follows: . (a) Where required Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indi. Supp. No. 41 545. - /S7 -Z ■ IOWA CITY CODE tate the direction of egress when the exit serves an occupant load of twelve (12) or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms, exit signs will not be required. (20) UBC Section 3802(h), Group R, Division 1, Occupancies, is amended to read as follows: (h) An automatic sprinkler system shall be installed through- out every apartment house three (3) or more stories in height or containing more than fifteen (15) dwelling units, and every hotel three (3) or more stores in height or containing twenty (20) or more guest rooms. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. - (21) UBC Section 4506, Awnings, Subsection (b), is amended to read as follows: (b) Construction. Awnings shall have noncombustible frames but may have combustible coverings. Every awning shall be collapsible or retractable. When collapsed, retracted or folded against the face of the supporting building, the design shall be such that the awning does not block any required exit. EXCEPTIONS: (1) A fixed awning not more than twenty (20) feet in length may be erected over a doorway or window of a building. (2) A fixed awning may be of any,length when constructed of a flame-retardant material and be designed to allow ground ladder access to the upper level windows. The flame retardance of the material shall be integral to the fabric, not a temporary treatment. Ladder access shall comply with NFPA recommendations, which will be de- termined by the fire chief, (22) Deletion& The following sections of the Uniform Building Code are not adopted: (1) Section 304(6), (c) and (e). Supp. No. 41 546 II II i. �. BUILDINGS AND BUILDING REGULATIONS § 8.19 (2) Section 305(e)2 and 4. (3) Table No. 3-A, (4) Section 511. (5) Section 1205(b), (c) and (d). (6) Section 1214, (7) Section 1707(c) and (d). (8) All Appendix Chapters. (Ord. No. 84-3171, § 3. 1 -31 -841 - Ord. No. 84-3187, § 2A, B 6-5-84; Ord. No. 87.3314, § 2(2), 4-7-87; Ord. No. 89-3406,§ �, 5.2-89) Mtor's note—Prior to its amendment by 13 orord. 31, 1984, 1 B-17 contained No. 84-3171, adopted Jan. amendments to the 1979 Uaifer, Building Code soul derived fmm Ord. No. 80-3005,113. adopted Aug. 26,1980; Old. No. 813020, 4 2 Adopted May 5,1981; and Ord. No. 813028, 12, adopted July 28,1981. , Sec. 8.18, Maintain requirements; conflict with other regulations. The provisions Of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the city. Any higher standard in a statute of the State of Iowa or ordinance of the city shall be applicable. (Ord. No. 77-2859, § 4, 9-6.77) Wote-See, the editor's note for 18.16. Sec- 8-19. Fire zones (a) Generally. building The following shall constitute fire zones of the city ilding of any description whatsoever or addition a2 thereto or repair thereto shall be erected within such limits, unless the same complies with the building code of the city and the provisions of this chapter. (b) Fire district The entire city is hereby declared to be and it is hereby established as a fire district pursuant to the laws of the state. W Fire zone& The fire district of the city is hereby divided into three (3) fire zones designated as Zones 1, 2 and 3. (d) Zoning ordinance The zoning ordinance of the city and the Official zoning map of the city are hereby incorporated into the Supp. No. 41 547 157.Z 4 819 IOWA CITY CODE provisions of this section as hereinafter referred to and by this reference are hereby incorporated herein as though fully set forth in this section. (e) Fire zone limits. The following shall be the fire zone limits for the city: (1) Fire Zone No. 1 shall include all that portion of the city zoned as CB (Central Business Zone), except Blocks 83 and 84 of the original town.. (2) Fire Zone No. 2 shall include all that portion of the city zoned as follows: CB (Central Business Zone—Only, Blocks 83 and 84) C1 - (Local Commercial Zone) CH (Highway Commercial Zone) - _ C2 (Commercial Zone) : - - -- R3B (Multi -Family Residence Zone) mi. (Light Industrial Zone) M2 (Heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned Commercial Zone), (3) Fire Zone No: 3 shall include all that portion of the city zoned as follows: R1A (Single Family Residence Zone) RIB (Single Family Residence Zone) R2 (Two Family Residence Zone) - - R3 - (Multifamily Residence Zone) R3A (Multifamily Residence Zone) (Code 1966, § 3.06.1; Ord. No. 2659; Ord. No. 76-2793, § II, 2-24.76; Ord. No. 78.2926, § II(1), (2),10.17-78)' Corse reference—Zoning, Ch. 36. Secs. 8-20-8-30. Reserved. Supp No. 41 548 15 7.2. I� � . ii BUILDINGS AND BUILDING REGULATIONS 68-32 ARTICLE 111. ABATEMENT OF DANGEROUS BUILDINGS* See. 8-31. Code—Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, is hereby adopted subject to the following amend- ments. Said code shall be known as the Iowa City Abatement of Dangerous Buildings Code or the dangerous buildings code. (Ord. No. 77-2860, § 2, 9.6-77; Ord. No. 80-3003, § 2, 8-26-80; Ord, No. 84-3167, § 2,1.3.84; Ord. of 87-3325, § 2, 6.2-87; Ord. No. 89.3409, § 2,5-2-89) Sec. 8-32. Same—Amendments. The Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, edited by the InternationalConference cc of Building Officials, is hereby amended as follows: (1), Section 201, Genera4 is amended by adding the following definitions: Building official. The enforcement of the provisions of this code shall be the responsibility of the building official and. whenever -the words health officer or fire marshal shall be used in this code, it shall mean the building, II official. City manager. Whenever the words public works director shall be used in this code, it shall mean the city manager. (2) Section 501, Appea4 is amended to read as follows: Any person affected by any action, interpretation or notice issued by the building official with respect to the Uniform Code for the Abatement of Darigerous Buildings $Edlto?s note—Ord. No. 77-2860,1 6, enacted Sept. 6, 1977, repealed Ord. No. 2712, enacted April 9, 1974, if 11 and III of which had been codified as Art. 111, ill 8.31. 8.32, which Code sections were also derived from Code 1966, li 9.03.1. 9.03.2 and Ord. No. 2587. Sections 2-4 of Ord. No. 77.28W were codified ai a nvw Art. 111, 51 8-31-04" at the editor's discretion. Section 5 of the above ordinance provides that copies of the dangerous building abatement code will be available in the city clerk's office. Supp. No. 41 649 5 8.32 IOWA CITY CODE may appeal the decision of the building official to the board of appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77.2860, § 3,9-6-77; Ord. No. 80.3003, § 3,8-26-80; Ord. No. 843167, § 3, 1.3.84; Ord. No. 87.3325, § 2, 6.2.87; Ord. No. 8$-3409, § 2, 5.2-89) Sec. 5-33. Reserved. Wins note—At the editor's discretion,1 8-33, relative to appeals, has been deleted as being superseded by the amendment to 5 601 of the Code for the Abatement of Dangerous Buildings, as set out in 18.32 of this Code. Former 18-33 derived from 1 4 of Ord. No. 77.2860, adopted Sept. 6, 1877. .Sec. 834. Notice of proposed orders affecting historic properties. Except for emergencies as determined by the building official pursuant to the ordinances of the City of Iowa City, city enforce. ment agencies and departments shall give the historic preserva. tion commission at least thirty (30) days' notice of any proposed order which may affect the exterior features of any building for remedying conditions determined to be,dangerous to life, health or property. (Ord. No. 84.3204, § 8A, 9-25.84; Ord. No. 87.3325, § 2; 6-2.87; Ord. No; 89.3409, § 2, 5.2.89) Editor's note—At the request of the city, paragraph A of 18 of Ord. No. 845204 has been included as part of Ch. 8, Art. ID. The entire section is codified also in Ch, 27, Art. V. Secs. 835-8.43. Reserved. ARTICLE IV. MECHANICAL CODE* Seo. 944. Adopted. Subject to the following amendments, the 1988 Edition of the Uniform Mechanical Code is hereby adopted. Said code shall be , -Editors note—Ord, No. 77-2863, 1 8, repealed Ord. No, 74.2708, enacted April 8, 1874, §5 11, 111, and IX of which had been codified aa Art IV, 518.44-8.46. Sections 2-6 of Ord. No. 77.2863 were codified as e new Art IV, 11 8-44-8.48, at the editor's discretion. Section 7 provides that. copies oftheUniform Mechanical Coda will be available from the city clerk's office. Supp. No. 41 550 15 7Z r � LI i F i i I� `i is �i ' BUILDINGS AND BUILDING REGULATIONS 18-45 known as the Iowa City Mechanical Code or the mechanical Code. (Ord. No. 77-2863, § 2, 9-6.77; Ord. No. 80-3002, § 2, 8-16-80; Ord. No. 84.3165, § 2. 1-3-84; Ord. No. 87-3324, § 3, 6-2-87; Ord. . 89-3407, 113, 6.2-89) See- 8-45. Amendments. The 1988 Edition of the Uniform Mechanical Code (UMC) is amended as follows: (1) UMC Section 203 Board of appeals, is amended to read as follows: Any person affected by any action, interpretation or notice issued by the building official with respect to the Uniform Mechanical Code may appeal the decision of the building offi. tial 6 theboard of appeals. Such appeal shall be in accordance with the Procedures set forth in the Iowa City Adminis Code... . trative (2) UMCSection204, Violation4 is amended to read as follows: (a) Notice& Whenever the building official is satisfied I that a building or structure or any work in connection therewith, the erection, construction; alteration, execution,or repair or which is regulated, permitted, or forbidden, by this code ie. being di. rected; constructed, altered, or repaired in violation of the pro- vision or requirements of this Code or in violation of a detailed statement or of a Plan submitted and approved thereunder or of a permit or certificate issued thereunder, he/she may serve a written order or notice upon the person responsible therefor directing discontinuance of such illegal action and the remedy- ing of the' condition that is in violation of the provisions or • requirements of this code. In case such notice or order is not Promptly complied with, the building official may request the city attorney to institute an appropriate action or proceeding at law or in equityto restrain, collect, or remove such violation or the execution of work thereon or to restrain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed, or a . Itered in violation of or not in compliance with the provisions of this Supp. No. 41 551 II I 4 8A6 IOWA CrFY CODE i code or with respect to which the. requirements thereof or of any order or direction made pursuant to provisions contained therein, shall not have been complied with. (b) Penalties A person who shall violate a provision of this code or fail to comply therewith or with any of the require- ments thereof or who shall erect, construct, alter, or. repair or have erected, constructed, altered, or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) and/or imprisonment not exceeding thirty (30) days. The owner of a building, structure, or premises where any- thing in violation of this code shall be placed or shall exist and an architect, builder, contractor, agent, person or corporation employed in connection therewith, or any who may have as. sisted in the commission of such violation shall be guilty of a separate offense. (c) Abatement The imposition of penalties herein prescribed shall not preclude the city attorney from instituting appropri- ate action or proceeding to prevent'an unlawful erection, con- struction, reconstruction, alteration, repair, conversion, main- tenance, or to restrain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premises.. (3) UMC Section 304, FeesSubsection (b), is amended to read as follower - - (b) Permit fees. A fee for each permit and fees for inspections associated with said permits shall be paid to the building offi- cial as established by resolution of council. Where work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall not relieve persons from fully complying with the requirements of this'code in the execution, of their work nor from, any other penalties prescribed herein. (4) UMC Section 305, Inspections, Subsection (t) is amended to read as follows: Supp. No, 41 562 1572 `i Ii n I I_ , BUILDINGS AND BUILDING REGULATIONS 4 845 (n Reinspection A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required correc. tions have not been made. This provision is not to be interpreted as requiring inspec. tion fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the prac. tice of calling for inspections before the job is sufficiently com. 'pleted to enable inspection or reinspection. Reinspection fees - may be assessed when the approved plans are not readily avail- able to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.- (6) aid.(6) UMC Section 509 is amended to read as follows: Equipment regulated by this code requiring electricalcon. nections of more than fifty (60) volts shall have a positive means of disconnect adjacent to and in sight from the equip- ment served. A one hundred twenty -volt receptacle shall be located within twenty-five (25) feet of the equipment for service and maintenance purposes. The receptacle shall be located on the same level as the equipment. Low -voltage wiring of fifty (50) volts or, less within a structure shall be installed in a manner to prevent physical damage. (6) Deletiona•The following sections of the Uniform Mechani- cal Code are not adopted: (1) Table 3-A. (2) Section 304(c). (3) All Appendix Chapters. (Ord. No. 84.3165, § 3, 1.3.84; Ord. No. 87.3324, § 3, 6.2.87; Ord. No. 89.3407, § 3, 5.2-89) Fditor4 note. -Prior to amendment by 6 3 of Ord. No. 84.3166, 1 845 mn. island amendments to the 1979 Uniform Mechanical Code, and derived from Ord. No. 80.3002, 13, enacted Aug. 26, 1980. Additionally, 118.46, relative to appeals, and 848, concerning violation notic. as, atop -work orders, penalties and abatement, have been deleted as having boon Supp. No, 41 553 /57.2- 0.1 t' BUILDINGS AND BUILDING REGULATIONS 4 845 (n Reinspection A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required correc. tions have not been made. This provision is not to be interpreted as requiring inspec. tion fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the prac. tice of calling for inspections before the job is sufficiently com. 'pleted to enable inspection or reinspection. Reinspection fees - may be assessed when the approved plans are not readily avail- able to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.- (6) aid.(6) UMC Section 509 is amended to read as follows: Equipment regulated by this code requiring electricalcon. nections of more than fifty (60) volts shall have a positive means of disconnect adjacent to and in sight from the equip- ment served. A one hundred twenty -volt receptacle shall be located within twenty-five (25) feet of the equipment for service and maintenance purposes. The receptacle shall be located on the same level as the equipment. Low -voltage wiring of fifty (50) volts or, less within a structure shall be installed in a manner to prevent physical damage. (6) Deletiona•The following sections of the Uniform Mechani- cal Code are not adopted: (1) Table 3-A. (2) Section 304(c). (3) All Appendix Chapters. (Ord. No. 84.3165, § 3, 1.3.84; Ord. No. 87.3324, § 3, 6.2.87; Ord. No. 89.3407, § 3, 5.2-89) Fditor4 note. -Prior to amendment by 6 3 of Ord. No. 84.3166, 1 845 mn. island amendments to the 1979 Uniform Mechanical Code, and derived from Ord. No. 80.3002, 13, enacted Aug. 26, 1980. Additionally, 118.46, relative to appeals, and 848, concerning violation notic. as, atop -work orders, penalties and abatement, have been deleted as having boon Supp. No, 41 553 /57.2- i I 4 846 IOWA CITY CODE Superseded by amendments to the mechanical code set out in 4 845. The deleted sections derived from Ord. No. 772863, 114 and 6. Sec. 846. Reserved. Note—See the editor's note for § 8.45. Sec. 8.47. Minimum requirements; conflicts in provisions. j The provisions of this code shall be held to bethg minimum _ requirements adopted for the protection of the health, safety and welfare of the citizens of the city. Any higher standard in a 'statute of the State of. Iowa or ordinance of the city shall be applicable. (Ord. No. 77.2863, § 5, 9.6-77) .Sec. 8.48. Reserved.. , ........ - Note—See the editor's note for § 845. - Sere. 8.49-8.57 Reserved. I ARTICLE V. HOUSE MOVERS* DIVISION 1. GENERALLY Sec. 858. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein: Building is any structure used or intended for supporting or sheltering any use or occupancy which when loaded on any car - * •Editor's note -Ord. No. 83.3126, 12, adopted June 21, 1983, repealed Art. V. i "House Movers", consisting of 44 6.68-8E9, concerning general matters and 11 8.77-8:85, relative to licenses and permits. Section 2 of Ord. No. 83-3126 then enacted a new Art. V as herein set out. Former Art. V derived from Code 1966, 44 5.20.1-5.20.11; and from Ord. No. 2469; 77.2842, adopted June 28, 1977; and I 80.3015, adopted Dec. 15, 1980, ; Cron references—Motor vehicles and traffic, Ch. 23; street&, sidewalks and public places. Ch, 31. t Supp. No, 41 654 IThe next page is 6671 1 �s�z 1 FIRE PREVENTION AND PROTECTION § 12.17 " be deemed to be a part thereof by operation of law. This sec. tion shall be construed as an absolute limitation on the author. ity of the city council to enter into contracts under paragraphs (a) and (b) of this section. (g) Priority to local calls. The mayor, fire chief, or person' in charge of the city's fire department shall have the right to give priority to calls for fire department or protection or emer. gency Resistance within the corporate limits of the city over contract calla from without the corporate limits and may hold some men and equipment in reserve for the purpose of answer. ing calls within the corporate limits of the city. (h) Funds. All funds paid under contracts made in accord. ance with this chapter shall be paid to the city clerk and shall be credited to the fire maintenance fund. (Code 1966, § 3.06.9; Ord. No. 2644) Sees. 12.2-12.15. Reserved. ARTICLE IL CODE* Sea 12.16. Adopted. Subject to the following amendments, the 1988 Edition of the Uniform Fire Code is hereby adopted. (Ord. No. 77.2861, § 2, 9.6.77; Ord. No. 80.3012, § 2(a),11-18-80; Ord, No. 84-3164, § 2(1), 1-3-84; Ord, No. 87-3316, § 2(1), 4.7.87; Ord. No. 89.3408, § 2, 5.2-89) Sea 12-17. Definitions. Whenever the following terms are used In the code adopted by this article. they shall have the meanings indicated: Corporation counsel shall be held to mean the city'attorney. -Editor's note --Ord. No. 77-2861, § XII, enacted Sept. 6, 1977, re- pealed Ord. No. 74.2711, §§ 1I—IX, enacted April 9, 1974, which had been codified as Art. 11, §§ 12.16, 12.18-12.25. Sections II—X of Ord. No. 77-2861 enacted provisions which have been codified as a new Art. I1,. §§ M16, 12.18-12.25, at the editor's discretion. Section XI of the above ordinance states that copies of the fire prevention code are available from the city clerk's office. Cross references—Building code, 1 8.16 of seq.; electrical code adopted § .�� 8104; plumbing code adopted, § 8.161. J Supp, No. 41 813 II i� t ii II 1{� - 1 § 12-17 IOWA CITY CODE Jurisdiction shall be held to mean the City of Iowa City, Iowa. (Code 1966, § 3.07.3; Ord. No. 2461; Ord. No. 2624) Cross reference Rules of construction end definitions generally, § 1-2. Sec. 12.18. Storage zones for. explosives and blasting agents. In accordance with provisions of Section 77.106, the storage of explosives and blasting agents is limited to I.2 zones, as estab. lished by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. (01 _No. 77-28 IA.3,.9c61Z_Ord..No._843164. § 2(2),1.3-84; Ord. No. 87-33 15, § 2(2), 4.7.87; Ord. No. 89-3408, § 3,5-2-89) Sec. 12-19. Storage .zones for flammable and combustible liquids in outside aboveground tanks. . In accordance with the provisions of Section 79.501, the storage of Class I and Class II liquids in outside aboveground tanks is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. (Ord. No. 77.2861, § 4, 9.6.77; Ord. No. 84-3164, § 2(3), 1-3.84; Ord. No. 87-3315, § 2(3), 47-87; Ord. No. 89.3408, § 4, 6.2.89) Sec. 12.20. Storage zones for liquefied petroleum gas. In accordance with provisions of Section 82.104, bulk storage of liquefied petroleum gas exceeding two thousand (2,000) gallons' water capacity is limited to I.2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. (Ord. No. 77.2861, § 5, 9-6.77; Ord. No. 84.3164, § 2(4),1.3.84; Ord. No. 87.3315, § 2(4),4-7-87; Ord. No. 89.3408, § 6, 5.2-89) Sec. 12.21. Amendments to fire code. The 1988 Edition of the Uniform Fire Code (UFC) is amended as follows: (1) UFC Section 79.201 is hereby amended to read as follows: (a) Scope. This division shall apply to the storage of flamma- ble and combustible liquids in drums or other containers not exceeding sixty (60) gallons individual capacity and the storage Supp. No. 41 814 q i i 1 ,1 j� II II j. j 1 I FIRE PREVENTION AND PROTECTION 112-21 of portable tanks not exceeding three hundred (300) gallons individual capacity. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. (2) UFC Section 10.306(h), Croup 9 Division I occupancies, is hereby amended to read as follows: An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing more than fifteen (15) dwelling units, and every hotel three (3) or more stories in height or containing twenty (20) or more guest rooms. Residential or quick -response Stan. dard sprinkler heads shall be used in dwelling unit and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings. (3) UFC Section 11.208 is hereby amended to read as follower (a) For permit to operate a parade float, see Section 4.101. (b) Delete. (c) All motorized apparatus shall be provided with an ap. proved portable fire extinguisher of at least 2-A, 10 -B -C rating, readily accessible to the operator. (4) UFC Section 12.108(a), Exit signs, is emended to read as follows: Where required Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress when the exit serves an occupancy load of twelve (12) or more. EXCEPTION: Within individual dwelling units, guest rooms and sleeping rooms, exit signs will not be required. (6) UFC Section 79.601, Division VI, Tank storage underground outside or under buildings is amended as follows: The United States Environmental Protection Agency (EPA) has new rules and regulations on new and existing underground tanks. The State of Iowa has adopted these rules. Their re. Supp. No, 41 816 157-Z ; 1 I` a `j � II it ' j' 41221 IOWA CITY CODE 1 i quirement will supersede the 1988 Uniform Fire Code. (Ord. No. 84.3164, § 2(5),1.3.84; Ord. No. 87.3315, § 2(5),4.7-87; Ord. No. 89.3408, § 6, 5.2-89) Editor's note—Prior to amendment by Ord. No. 84-3164,1 1221 contained amendments to the 1979 Uniform Fire Code, and derived from Ord. No. 803012, 12. adopted Nov. 18, 1980. j i Sec. 12-22. New materials. The building inspector, the chief of the fire department and the chief of the bureau of fire prevention shall act as a com- mittee to determine and specify, after giving affected persons an opportunityto be heard,. any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office' and distribute copies thereof to interested persons. (Ord. No. 77-2861, § 7, 9-6-77) Sec. 12.23. Appeals. Any person affected by any action, interpretation or notice I Issued by the chief of the fire department with respect to the Uniform Fire Code may appeal the decision of the chid, of the fire department to the board of appeals in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77-2861, § 8, 9-6-77) Sea 12-24. Minimum requirements, I The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety i and welfare of the citizens of the city. Any higher standard, In a statute of the state or ordinance of the city shall be ap. plicable. (Ord. No. 77-2861, § 9, 9.6-77) Sec. 12.25. Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fails to comply therewith, or who shall violate i or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or SUPP. No. 41 816 � I /57.. j I' 1 I t. 1 �i i i I� I Ii � FIRE PREVENTION AND PROTECTION 4 1295 ' plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been F taken, shall be guilty of a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100.00) or by imprisonment not exceeding thirty (30) days. Each day a violation occurs or is permitted to exist after con- viction constitutes a separate offense. (Ord. No. 77.2861, § 10, 9.6.77; Ord. No. 86.3300,10.7-86) Seca. 12.26-12.36. Reserved. ARTICLE 1I1. DEPARTMENT* DIVISION 1. GENERALLY Sec.:12.37. Fire chief. r 1 (a) The fire chief shall be charged with the prevention of !' fire and protection of life and property against fire and shall " 1 report all fire losses monthly to the city manager and to the j city assessor. (b)" He/she shall be responsible for the maintenance and I' care of all property and equipment used by his/her depart- ' ment, for the extinguishing of fires, the saving of life and property from fire, the performance of various miscellaneous public services of an emergency nature, the inspection of buildings within the corporate limits of the city, and the en- i. forcement of all fire laws and regulations. (Code 1966, § II 3.06.2) Secs. 12-38-12.44. Reserved. I DIVISION 2. BUREAU OF FIRE PREVENTION Sec. 12-46. Established. The code adopted by Article II of this chapter shall be enforced by the fire prevention bureau in the fire department of the city, I 'Cross references—Administration generally, Ch. 2; authority of fire department officials in relation to traffic control, § MIS. J Supp. No. 41 817 _--- --'- /57Z f .j / J 91245 IOWA CITY CODE which bureau is hereby established and which shall be operated under the supervision of the chief of the fire department. (Code 1966, § 3.07.4(A)) Sec. 1246. Fire marshal. The fire marshal in charge of the bureau of fire prevention shall be appointed by the city manager on the basis of examina. tion to determine his/her qualifications. His/her appointment shall continue during good behavior and satisfactory service, and he/she shall not be removed from office except for cause. (Code 1966, § 3.07.4(B)) Sec. 1247. Inspectors; inspection fees. (a)The chief of the fire department may detail such members of the fire department as inspectors for the bureau of fire preven. tion as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employ- ment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appoint- ments shall be made only after examination and shall be for an, indefinite term with removal only for cause. (b) Fees for inspections and other services related to enforce-• ment of the code adopted by Article II of this chapter shall be established by the city council by resolution and paid to the fire department. (Code 1966, § 3.07.4(c); Ord. No. 87.3316, § 2(6), 4.7.87; Ord. No. 89.3408, § 7,6-2-89) Sec. 12.48. Reports and recommendations. (a) A report of the bureau of the fire prevention shall be made annually and transmitted to the city manager. It shall contain all proceedings under the code adopted by Article If of this chap- ter with such statistics as the chief of the fire department may wish to include herein. (b) The chief of the fire department shall also recommend any amendments to such code which, in his judgment, shall be desir- able. (Code 1966, § 3.V,.4(D)j Supp. No. 41 818 Me next page is 8071. I I WIN III i 0.1 I FRANCHISES 414.81 (b) System configuration: The grantee shall design and construct the network in a hub configuration in such a way as to provide maximum flexibility and to service the Univer- sity of Iowa and other areas. (c) Locations subject to experimental needs: The grantee shall submit proposals to accommodate originator and experi- mental needs from the following locations as may be desig- nated by the city: (1) The University of Iowa, Iowa City, (2) City and county buildings, three (3) locations, one be- ing the council chambers, (3) Specified public, parochial and nonprofit private schools, (4) The public library, _ (5) The main office of the board of education, (6) Public access center. (d) Privacy: The system shall be designed and constructed in such a manner to prevent or deter invasion of privacy. (Ord. No. 78-29V,'§ 2, 8-22.78) Sec. 14-81. Network technical requirements. (a) General requirements: Each broadband telecommuni- cations network must be so designed, installed and operated as to meet the following general requirements; (1) Capable of continuous twenty-four (24) hours daily operation; (2) Capable of operating over an outdoor temperature range of minus forty (40) degrees Fahrenheit to one hundred forty (140) degrees Fahrenheit without catastrophic failure or irreversible performance changes over variations in sup- ply voltages from one hundred five (105) to one hundred thirty (130) volts AC; (3) Capable of meeting all specifications set forth herein over an outdoor temperature range of minus ten (-10) Supp. No. 41 978.1 15 7,?, GARBAGE. TRASH AND REFUSE 115.66 (b) Landfill use fees. The fees for use of the landfill shall be as provided in the schedule of fees, section 32.1.55. (Ord. No. 75-2790, § VI(6.3), 11.25.75; Ord. No. 77.2846, § Il, 7.12-77; Ord. No. 85.3263, § 2, 12.3-85; Ord. No. 87.3336, § 2, 9.8.87) Sec. 15.66. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon reestablishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before com- mencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, section 32.1.55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever occurs first. At. that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated de- linquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occur- rence of a delinquentwater service account, sewer service ac- count and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing. for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year atter the establishment date or one year after the last occurrence of charge for a delinquent account, whichever occurs last. The deposit shall be released when service is terminated and the account is closed. At that time, the amount of the deposit shall be credited to the Supp. No. 41 994.1 416.66 IOWA CITY CODE customer's account. (Ord. No. 87-3336, ¢ 3,9-8437; Ord. No. 89-3414, ¢ 1, 6-16.89) Secs. 16.67-1576. Reserved. ARTICLE V. LITTERING" Sec. 1577. Short title. This article shall be known and may be cited as the Iowa City Anti -Litter Ordinance.. Sec. 1578. Definitions. - ... _.... _ For the purposes of this article, the following terms, phrases, - words and their derivations shall have the meanings respectively ascribed to them: Aircraft is any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word aircraft" shall include helicopters and lighter -than -air dirigi- bles and balloons. --" Authorized private receptacle is litter storage and collection receptacle as required and authorized in article III of this chapter. Litter is "garbage," "refuse" and "rubbish" as defined in this chapter and all other waste material which, if thrown or depos. ited as herein prohibited, tends to create a danger to public health; safety and welfare. Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed 'Cross references—Advertising materiel not to be thrown into yards, 13.21; removal of loose paper by billposters, 4 3.23; cleaning up debris in street from accidents, 123-140; deposit of debris on public rightaGway, 131.11. Supp. No. 41 994.2 /57z �i i 11 .r.� .....-.... . i I MOTOR I VEHICLES AND TRAFFIC _. 4 23199 Name ofStreel Masimum gpeed limit (mph) Where limit applies Iowa Highway.1 55 From a Point six hundred (600) feet south of the city limits to the city limits. Melrose Avenue 35 From the intersection with Emerald Street west to the west city limits. Mormon Trek 35 From the intersection of Melrose Avenue to the city limits. Muscatine Avenue 35 From a point one hundred (100) feet east of the inter- .. section with Juniper North Dubuque Road 35 Drive to the city limits. J From the intersection of J Iowa Highway 1 (Dodge Street) to Scott Boulevard. Perk Road 25 From the intersection With Rocky Shore Drive east to the intersection with North Dubuque Street. Rochester Avenue 35 From the intersection with First Avenue east to the city limits. Rehret Road 35 From the intersection with Mormon Trek Boole• vard west to the city limits, Scott Boulevard 35 from the intersection with North Dubuque Road south to U.S. Highway 6. J SUPP• No. 41 1569 � �1 y i I IjjI +� 1.23-189 IOWA CITY CODE ; Maximum Name of Street speed limit (mph) "� ";Where limit applies Sycamore Street 30 From the intersection I with U.S. Highway 6' south to Gleason Avenue. Sycamore Street 30 From the intersection with Burns Avenue south, to the city limits. U.S. Highway 6 - 55 From the city limits to a point rive hundred (500), feet west of Heinz Road. U.S. Highway 6 45 From a point five hundred _. .- -:.. _.. .:: (500) feet west of Heinz. Road to a poiht five hun. _ dred (500) feet west of Fair. meadows Boulevard. U.S. Highway 6. 40 From a -point five hundred, (500) feet west of Fair - meadows Boulevard west US. Highway 6 IU.S. Highway 6 to a point four hundred fifty (450) feet east of Keokuk Street. 35 From a point four hundred fifty (450) feet east of Keokuk Street west to a ,+ point seven hundred (700) feet east of the intersection of U.S, Highways 6, 218 and Iowa Highway 1. 30 From a point seven hun- dred (700) feet east of the intersection of U.S. High. ways 6,218 and Iowa High. way 1 west and north to a- point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive. Supp. No. 41 1570. 1572 ff ; i II I I MOTOR VEHICLES AND TRAFFIC 423.189 " Maximum Name of Street speed limit (mph) Where limit applies 1 U.S. Highway 6 . 35 ' From a point one thou. sand one hundred fifty (1,150) feet west.of the . intersection with River. side Drive, west to the ........._».... .. city limits. U.S. Highway 21B 1:.,.:."50 .. From the south city limits to a point one thousand . six hundred (1,600) feet north of the south city limits. �. U.S. Highway 218 45 From a point one thou. ( _ _ sand six hundred (1,600) .. ... , 1 feet north of the south city limits to a point eight hundred (800) feet south of the intersection with ,. ,i U.S. Highway 6 and Iowa i Highway 1. U.S. Highway 218 30 From a point eight hun- dred (800) teet south of the intersection with U.S. ;' Highway 6 and Iowa I Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. ! (Ord. No. 77.2835, § 11, 5.10.77; Ord. No. 78.2929, § 2, 10.24.78; 1 " Ord. No. 81.3030, 5 2, 7.28.81; Ord. No. 82.3059, § 2, 4.27.82; { Ord. No. 83.3156, § 2, 10.25.83; Ord. No. 84-3168, § 2, 1-17-84; 1 Ord. No. 84.3190, § 2, 6.19;84; Ord. No. 84.3192, § 2, 7.3.84; Ord. f No. 85.3221, § 2,1-15-85; Ord. No. 85.3235, § 2,5.21.85; Ord. No. 86-3306, § 2, 12-16.86; Ord. No. 86.3307, § 2, 12.16.86; Ord. No. 87.3317, § 2,4-21-87; Ord. No, 89.3422, § 1, 6.27.89) Supp. No. 41 1571 - IOWA CITY CODE Sec. 23-190. Control of vehicle. The person operating a motor vehicle or motorcycle shall have the same under control and shall reduce the speed to a reason• able and proper rate: (1) When approaching and passing a person walking in the traveled portion of the public highway. (2) When approaching and passing an animal which is being led, ridden, or driven upon a public highway. 1672 f� NOISE. § 24.48 I (1) No fee shall be required for. any sound equipment permit issued to the city, state, or the federal government or any other governmental subdivision or agency. . (2) Reserved. (d)• Information required Application for permits required herein shall be made in writing to the city clerk, accompanied by the required permit fee and such information as the city clerk may require. If the application contains the required information, is accoinpanied' by the required fee, and the proposed use complies with the requiremenfs of this'subsection,.the city'clerk shall issue the &ppropriate permit. (e) Application standards. (1) Type A pet•rtiit; general standards. A type'A peimft maybe issued for sound equipment emitting music* human speech registering not more than sixty (60) dB(A)'a when'measured ' at, the "real' property boundaiy of the -private residence 'nearestbe sound equipment and measuiing not more than ' one`himdrea (100) dB(A)'s'at a distance of fifty (50) feet from the'sound equipment. Sound equipment'permitted under a type A permit may be used only in areas of the city -zoned for nonresidential use and only between the hours of 9:00 a.m. and 9:00 p.m. (2)'Type B permit; sound trucks; general standards, Sound trucks may be operated only under a type B permit. A type B permit may' be issued for sound equipment -mounted upon a motor vehicle and intended for'use'uponcity streets provided that the sound equipmentemita only music or human speech registering not more than eighty (80) dB(A)'s when measured at a distance of one hundred (100) feet from the sound equipment, Sound equipment permitted under a type B permit may be used only in nonresidential areas and only from 9:00 a.m. to 9:00 p.m. (3) Type C permit; parks; general standards. A type;C permit may he used for sound equipment emitting music or human speech registering not more than sixty (60) dB(A)'s when measured.at the real property boundary of the private residence nearest the sound equipment and registering not Sapp. No. 41 1669 /57-Z § 24.46 101VA CITY CODE more than one dicta ce of fifty (50)ffeet from ( the sound egmpme tr A)'s when Sound equipment permitted under a type C permit may be used only in public parks owned and operated by the city, or Public grounds owned and operated by another government • body; from 10:00 a.m. to 11:00 P.M. for events authorized and approved by the city or otherbody having jurisdiction over the park or public grounds: (4) Type D permit; public or parochial school ground,. general standards. A type D permit may be issued for sound equip - the emitting music or human speech registering not more than sixty (60) dB(A)'s when measured at the real property boundary of the residence nearest. the sound equipment and rngistering not more than one hundred (100) dB(A)'s when measured.at a'distance of fitly (50) feet from the .,' sound equipment: Sound equipment permitted under a type D permit.may be used only ou school grounds, or. in con. junction, with a school -sponsored activity, from 1000 a.m. .to 11:00 P.M. forevents authorized and, approved by the school authorities having jurisdiction of the gropnds.. (0 Commercial advertising'. sound equipment prohibited No sound equipment shall be permitted to be used on public streets or public places, in any building, or upon any premises if the sound will be plainly audible from any Public street or public Place within thecity, when any such use is for commercial, adver. Using Purposes, or for the Purpose of attracting the:attention of the public to any building or structure for monetary gain. (Ord. No. 82MM 6!1,-82; Ond.�fo: s2,9o7sure or)' Gtiou references—Perm(t fpr ux of park by B -N. 1.2548, et seq.; parade permit, 1 3]•194 et wq: Sec. 24.4.7.' Motorized vehicles. (a) No person shall operate or caueeto be opthe erated engine Providing motive power, or an auxiliary engine, of a motor vehi. cle of.a weight in excess of ten thousand (10,000) pounds for a consecutive period longer than twenty (20) minutes while such vehicle is standing on private property and -located within one hundred filly (150) feet of property zoned and used for residential purposes, except when such'vehicle is standing within a com. Sapp. No. 41 1690 i 1.5 7Z eSec. 32.155. Fees or charges authorized in Chapter 15. 'Z ,Municipal Code Section Authorizing Fee : ' Charge, Fine or Description of Fee, � II , Penalty Charge, Fine, or Penalty 15-31.-: - -Fee for annual solid waste collection permit One dollar ($1.00) Charge per collection vehicle (' 16-65(e) Residential solid waste collection fee per year � , ` N Rates effective for bills on it or alter: - Sept. 1 1988 Sept. 1 a :per dwelling unit, per month'.. 1989 per two rooming units, per month -.,$5.25-$5.60 15-65(b) Landfill use fee $5.26 $5.50 - 2 Rates effective: July 1 July,l r ,... .. 1988 - 1989 j City fee State fee $7.75 $8.00 Total fee $1.50 $9.25 $2.00 $10.00 Minimum $1.25 $1.35 I � I t .r>' . - :d i I m MunicipalCode Section Authorizing Fee Z 9 Charge Fine or Description ofFec en Penalty Charge Fine, or Penalty Cho r e .15-66(a) Deposit fee for combined city water and/or Residential account: sewer and/or solid waste collection accounts. $50.00 per combined residential service for city water and/or sewer and/or solid waste collection service. 1M6(b) Delinquency deposit for combined water and/or In an amount equal to the average sewer and/or waste collection accounts 2 -month billing for the delinquent account (Ord: No. 87-3342, § 1, 9-8.87; Ord. No. 88-3380. § 1, 5.17-88; Ord. No. 89.3414, § 1, 5.16.89) > Sees. 32.156-32.1-62. Reserved. i,. See. 32.1-63. Fees or charges in 0 i I authorized Chapter 23. Di Municipal Code Section Authorizing Fee Charge Fine or Description ofFeG 'Penalty' Charge Fine or Penalty Charge 23-249 Fee for contractor reservation of meter $ 4.00/day space (meter hood) Show -up fee charged by tow truck operator $ 20.00/day LI Charge Etf. Elf. Eli'. 9/1/86 9/1/87 9/1/88 I l ,1 d Municipal Code p Section ,.� xAuthorizing Fee YCharge, Fine or Description of Fee, Penalty Charge, Fine, or Penalty 23-274. Parking meter fees: Central business district on-street meter _ Central business district lot meter J r Fo v 1 51 I/r, i. i I Charge Etf. Elf. Eli'. 9/1/86 9/1/87 9/1/88 I • I m Municipal Code 'v Section x Authorizing Fee - Charge, Fine or Description of Fee Penalty Chargg Fine, or Penalty 30-8, Special fares for: Charge 1. Elderly - 2. Low-income elderly - $ 0.25 nonpeak hours �I I Handicapped Free nonpeak hours — Free nonpeak hours N 30.10 Charges for use of facilities, and/or Person. ^' nel: . . - I. For use of city transit vehicle 2. For use of city transit operator $25.00 per vehicle per hour o { 3 Fo 'r use of city transit vehicle and oper• $10.00 per hour $35.00 per hour plus fuel tax z (Ord. No. 87.3342, surcharge - a.. 4 1, 9.8-87) s Secs 32171,32.1.72. Reserved, i N 1 I i j. ' n - Municipal Code I - I s' Section P Authorizing Fee Chargg Fine or -- Description ojFeg Charge ' I Penalty Charge Fine or Penalty Y EtT Eti Etl 9/1/86 _ ' 3348(a) Deposit fee for combined city water and/or sewer 9/1/87 9/1/88 Residential account: $50.00 _ and/or solid waste collection accounts per -tom- bined residential service for city water I and/or sewer and/or solid waste collet- i tion service -' Commercial account: An amount equal to the 2 -month billing for commercial y service for city water and/or sewer serv. '! 3348(b) .. Delinquency deposit fee for combined city ice In an amount equal to '. x .. c: - election water and/or sewer and/or solid waste col. accounts. thea verage 2•nionth billing for the delinquent I �' ` f 33.149(a) _ Meter deposit.: account i _ a. Deposit fee for new meter and outside meter $60.00 reader h. Refund for each new member, outside meter ere / I \ , reader, and wiring correctly installed 75.00 � aNV r M Municipal Code I Section Authorizing Fee N' P Charge, Fine or DescriptionojFee, Charge Penalty Eft• Elf. Char e, Fin or P e, Penalty EtL 9/1/86 9/1/87 33.149@) Second meter fee e 9/1/88 - $65.00 (nonrefundable) 33.163 Water Service Charges: ' ' - Monthly user charges for water service for the Meter � first 200 feet or leas of water used, based on Size E1T. E Eft, meter size (7nches) 9/1/86 9/1/87 Eff. 9/1/88 n ij j. gg $ 3.25I $ 3.60 $ 3.80 % 3.75 4.15 4.35 '' o , I ' 1 4.40 4.86 5.10 M 1 i I 1% 8.75 9.66 10.16 2 11.75 .12.95 13.60 3 21.75 23.95 , 25.16 4 37,95 4175 43.85 6 76.40 84.00 The minimum user charge for larger 88.20 meters will be based on comparative coats to 6-inch meter. The minimum user charge for ' a customer who furnishes the meter at their own costs will be based on the minimum for a %•inch meter, regardless of the - ... size, . ,. M ■ Municipal Code I e° v Section y Authorizing Fee Chargg Fine or Description of Fee EIf. Charge Penalty Charge Fine or Penalty 9/1/86 E 9/1// 88 EIC 7 9/1/88 I� .. There will be no minimum monthly charge for the second water meter from November to March for those months during which " no water is used. Monthly user charges for water in excess of Monthly 200 cubic feet per month: Usage Etf. Elf. Ett _ (Cu. Ft.) 9/1/86 : 9/1/87 9/1/88 r Next 2,800 $0.75 $0.83 $0.87 Next 17,000 0.45 0.50 0.53 Over 20,000 0.40 0.44 0.46 33.164 Fee fortemporary- water use during construction for the first 60 days from the date of the service tap for a new service or for a_ maximum of 60 days for reconstructions ". Single- and two-family residences Multifamily residences $10.00 per month �.•, i, .. . I _... ,. .. .. Commercial structures $10.00permonth I .,.. ..,: $20.00 per monthIJ ' Fee for temporary water use atter 60 days for any structure shall be $100.00 per month until the meter is installed. yvl N J I I Municipal Code Section z P Authorizing Fee Charge 1: Charge Fine or Description offee, Eff. Eff. Eff. Penalty Charge Fine, or Penalty 9/1/86 9/1/87 9/1/88 33.165 Fee for direct purchase of water per 200 gallons or fraction $ 1.00 thereof 33-167 Fee for delinquent water service account $3.00 for each water service account not paid within 30 days : 0 E t of billing date., Fee is waived for first 0 occurrence in each calendar year 0 33.169 Deposit fee for combined city water and/or sewer and/or solid Residential account - waste collection accounts $50.00 per combined residential,.service. for city water and/or sewer and/or solid waste collection service Commercial ac- count: An amount r'' .. � Municipal Code p' Section Z Authorizing Fee - a Charge, Fine or .Desai tion o Fe P ( e, Elf: Charge ' Penalty Charge, Fine, or Penalty 9/1/86 Ell. Elf. 9/1/87 9/1/88 . I - equal to the two. ' month billing for commercialservice - for city water and/ _.. 33.169(b) Delinquency deposit fee for combined or sewer service water solid waste collection accounts" and/or sewer and/or In an amount equal I I - -to the average 2. month billing for the delinquent ac- z 1 33.169(c) Fees and charges for various consumer count I� services Tap fees: b Size Top Corps Curbs '.' Boxes 1" $18.30 $18.35 $ 35.70 $29.15 1%0 24.05 34.90 hh" 29.40 48.26 58.10 40.75' V 2" 33.10 78.15 77.40 115.50 40.76 40.76 a y r'' bectum z P Authori-ingFee Charge Chargg Fine or Description of Fee, IW Eff. Eff, Eff. I . Penalty Charg4 Fing- or Penalty 9/1/86 9/1/87 9/1/88 1% -inch', 1% -inch inA 2 -inch will require saddles which are to be charged at the city's costi-plus a stocking fee. Installation.and copnection fees: Size Cost 6 $15.00 per linear foot 18.80 per linear foot 10" 24.00 per liribai foot 12" 29.70 per linear foot 0 16" 39.40 per linear foot 33.169(c) Service fees Fee Fee During Normal After Normal Service Working Hours Working Hours a. Reconneetk9n of discontinued service .$15.00 $30.00 b. Removal fee for disconnecting and remov. $25.00 Not done after in a second meter normal working hours N r \ Charge Municipal Code Section AuthorizingFee 9/1/86 9/1/87 9/1/88 Charg4 Fine or Description of Fee Penalty Charge, Fine, or Penalty $15.00 $30.00 C., Service fee for resetting or reading meter, or for restarting service $15.00 $30.00 d. Carding fee for shutting off in collection procedure No charge No charge a. Check leaky meters f. Frozen meters $15.00, Plus cost $30.00, plus cost g. Shut-off service at curb and check for ex. 0 terior leaks NO charge $30-06, plus hourly 4 o: h. Broken hydrant rate for time over i. Location of water main for other utilities j. Location of water main for Private enterprise 2 hours N, Repair cost $30.00, plus repair r \ Charge Eli'. Eff. Eff. 9/1/86 9/1/87 9/1/88 $15.00 $30.00 II $15.00 $30.00 No charge No charge $15.00, Plus cost $30.00, plus cost of meter repair of meter repair 0 NO charge $30-06, plus hourly 4 o: rate for time over 2 hours Repair cost $30.00, plus repair No charge No charge.00, No charge $30 plus hourly rate for time over 2 hours 11� UTILITIES § 3348 — formerly living there or occupying the premises to have paid all sewer bills provided that all such persons have vacated the prem. ises as verified in writing by the rental property owner or manager. (i) Regulations regarding billing and maintenance of sewer ser vice account records. The director of finance is authorized to adopt and promulgate rules and regulations not inconsistent with this chapter regarding billing procedures for sewer service ac. counts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. (Ord. No. 81.3021, Art. V, § § 1, 2, 5.5.81; Ord. No. 88-3359, § 1, 1-12-88) Sec; 33-47. Same—Review; changes to rates. (a) The city shall, review the user charge system at least every two (2) years and revise user .charge rates as necessary to ensure that thee -system generates adequate revenues to pay the costs of operation and maintenance includingreplacement, payment of principal and interest and the bond and interest reserve fund, and that the system !� continues to provide for the proportional distribution` of i operation and maintenance including replacement costs among users' and user classes. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the proposed change shall be held by the city council. (b) The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement and the rate being charged for sewer bond debt service for the treatment works. (Ord. No. 81-3021, Art. VI, §§ 1, 2, 5-5.81) Seo.. 3348. Deposit upon establishment of account; deposit upon delinquency of account. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon reestablishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before com- Supp, No, 41 2274.6 I' �I J t '� j 43348 IOWA CITY CODE mencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, section 32.1.73. Upon initial establishment of a commercial water service ac. count, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be re- quired to execute a service agreement and make a combined account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, section 32.1-73. Deposit shall be held either until three (3) years after estab• lishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated de- linquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occur- rence of a. delinquent water service account, sewer . service ac• count and/or residential solid waste collection account resulting in a second. delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billingshall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that depositshall be increased to the proper amount for a delin. quency. deposit. Delinquency deposits shall be either one year after the establishment date or one year atter the last occurrence of a charge for a delinquent account, whichever occurs last. The de• Posit shall be released when service is terminated and the ac- count is closed. At that time, the amount of the deposit shall be credited to the customer's account. (Ord. No. 89.3415, § 6, 5.16.89) Secs. • 3349-3353. Iteserved. SUPP. No. 41 2274.6 I J UTILITIES DIVISION 4. STORM WATER RUNOFF 4 3354 Sec. 3354. Definitions. As used in this division, the following terms shall have the meanings indicated: Control structure A facility constructed to regiilate the volume of storm water runoff that is conveyed during a specific length of time. Director of public works. The director of public works or his/her designate. Dry bottom storm water stnrage arca. A facility that is designed to be normally dry and which accumulates excess storm water only during periods when the restricted storm water runoff re- lease rate is less than the storm water inflow rate. Excess storm water. That portion of storm water runoff which exceeds the transportation capacity of storm sewers or natural drainage. channels serving specific watershed. Excess storm water passage. A channel formed in the ground surface to carry storm water runoff through a specific area. Low flow. The transport or flow of a normal or usual volume of storm water as o osed to h' h k f pp a. Ig or pea volume which would rR ' u tl' tf 'I'ze ove ow act thea Natural drainage. Water which flows by gravity in channels formed by the surface topography of the earth prior W changes made by the efforts of man. Positive gravity outlet. A term used to describe the drainage of an area in a manner that will ensure complete removal of all surface water by means of natural gravity. Safe storm water drainage capacity. The quantity of storm water runoff that can be transported within a channel, passage, con• duit, tube, duct, or combination thereof in such a manner that the elevation of the water does not rise sufficiently above the level of the adjacent ground surface so as to cause damage to structures or facilities located thereon. `J Supp, No, 41 2274.7 1572, I' it 1 i 6 3354 IOWA CITY CODE Storm water runoff. Water that results from precipitation which is not absorbed by soil or plant material. .. Storm mater runoff release rate. The rate at which storm water- runoff is released from dominant to servient land. i 157Z II: II ., UTILITIES § 99.140 off until such repairs have been made. In any case where the department of public works informs the property owner that there is a leak in the service and it is found that the leak is actually in the main, the department of public works will reimburse the property owner for any actual expense and will assume responsibility for the repairs. (Ord. No. 76-2773, § VII(D), 7-22-75) Sea 33-137. Service materials, joints. (a) All service pipes from the street water main to the curb box shall be of extra heavy lead, Type K copper, cast iron, or other approved material. All services from the street main shall be carried to the curb stop at an angle of ninety, (90) degrees with the street curbline and shall be at least five (6) feet deep. (b) The number of joints in the service pipe shall be kept to a minimum. (Ord. No. 76-2773, § VIII, 7-22-75) Sec. 33.139. Connecting loops and cross -ties. Connecting loops and cross -ties within a subdivision shall be constructed by the subdivider. (Ord. No. 76-2773, § XX, 7-22-76) Sec. 33.139. Filling of trench. Whenever any hard surfaced or treated street has been opened, the trench must be filled with dirt or sand to the satisfaction of the water department. (Ord. No. 75-2773, § ' VIII, 7-22-76) Sea 33.140. Nonconforming connections Owners of premises having water services, which do not have separate stop cocks and boxes for each building or which did not otherwise conform to the requirements of this article on September 13, 1963, shall be required to install atop cocks or make such other changes as are necessary in order to con- form with the requirements of this article. Service lines presently in use shall be replaced by copper, cast iron, or Supp. No. 41 2293 15.72 �j ti �j •J A I § 33.140 IOWA CITY CODE other approved pipes at the expense of the owner when, in the Opinion of the department of public works, such lines have become so disintegrated as to be unfit for further use. (Ord. No. 75-2773, § IX, 7-22-75) Sea 33.141. Abandoned service pipes. All service pipes which are no longer used must be perma. nently closed off at the water main by the department of public works at the expense of the owner of the premises. Also, if the service is to be replaced, the old service must be shut off at the main and the old pipe cut off at the corpora- tion cock by the department of public works. If a service pipe or connection which is not currently in use is found to be leak- ing, the department of public works may, without notice, turn off same and charge the expense thereof to the owner of the property. (Ord. No. 75-2773, § X, 7-22-75) Secs. 33.142-33-148. Reserved. DIVISION 3. METERS Sec. 33.149. Required metering of water use. (a). Requirements for installation of mater meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and Piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shall be performed by a licensed plumber under aplumbing permit issued pursuant to Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. On new con. struction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meters) shall be installed in a location which provides the same access and working space which is required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or "in" side of the piping and valving SUPP• No. 41 2294 d �I. i l I UTIL177ES 133-149 shall be marked with a tag at the meter location. The owner shall provide and install conduit (one -half-inch minimum size) and wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper metal inside. The meter and wire installation must comply with city specifications. Upon completion of the installation of the meters) and related piping, the owner, or the owner's plumbing contractor or author. ized agent, shall arrange, by appointment, for a field test and verification that each meter and meter reader is operating prop. erly. The public works department (water division) will meet with the owner, or the owner's plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violation hereof. A meter deposit, in the amount set forth in the schedule of fees, section 32.1.73, will be required for each meter provided by the city. Upon proper completion of the installation of the meter, a refund will be given to the person making the deposit. (b) Requirements for installation of a second meter. A second meter is any meter which measures water use which does not discharge into the city's sanitary sewer system or require treat. ment at the sewage treatment plant, such as irrigation, air con. ditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a sec- ond meter. If the finance department determines that such prop. erty is eligible for installation of a second meter, the meter will be provided to the property owner, or the owner's plumbing con- tractor or authorized agent, upon payment of a nonrefundable second meter fee, as set forth in the schedule of fees, section 32.1.73; and upon payment of the meter deposit as provided in (a) above. Supp. No. 41 2295 /572. l I- i (I j -1 33149 IOWA CITY CODE A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be in. stalled with a backflow Preventer valve on the outlet if the plumb. ing does not already include these valves on all hose bibs con. netted to the meter. A second meter must be installed in compli. ante with all other requirements set forth in (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter, the plumbing must be physically restored so that no jumper may be installed. (Ord. No. 75-2773, § XII, 7-22-75; Ord. No. 89.3415, § 1, Sec. 33-150. Proof prerequisite to installation. If the water meter is to be installed in a new building or structure, the applicant must furnish the department of public works proof that the Plumbing has been approved by the plumbing inspector, that all charges for water and service previously furnished such applicant have been paid, and that a suitable Place has been provided for the meter. (Ord. No. 75-2773, § XH(A), 7-22-75) See. 33.151. Location. (a) Meters shall be placed on a service pipe in a position no more than two (2) feet from where the service pipe enters the premises. The meter shall be placed in a clean, dry location which is readily accessible to members of the department of Public works. (b) Where a service pipe of two (2) inches or . larger i used, the plumber shall contact the department of public work: for instructions regarding the fittings and placement of the water meter. (Ord. No. 75-2773, § XII(D), 7-22-75) See. 33-152. Valves and fittings. There shall be a valve between the water meter and the Wall and valve on the outlet side of each meter not more than three (3) feet from such meter. All valves and fittings neces- sary for installation of a meter shall be provided by the owner Supp. No. 41 2296 J UT/Lrr1E5 § 33154 of the premises to be served. (Ord. No. 75-2773, § XII(D), 7-22-75) Seo 33-153. Size; use of multiple meters authorized when meter larger than two inches is required. The department of public works shall determine the size of the water meter to be installed. For premises requiring a two (2) inch meter or larger the department of public works may install two (2) or more meters of a smaller size. Where meters are so placed, each meter shall have a valve or shutoff on both the inlet and outlet pipe in addition to the basement shut- off. (Ord. No. 75-2773, § XII(D), 7.22-75) Sec. 33.154. protection of meters. (a) The owner of the premises where a water meter is in- stalled shall be responsible for Its care and protection from freezing, hot water, and from any person. In case of damage b the,. meter or in case of its Stoppage or Improper operation,` the owner shall give immediate notice to the department of -- public works. (b) In all cases where meters are broken or damaged by the negligence of the owner or the occupants of the premises or by freezing, hot water or other injury except ordinaiy wear and tear, the necessary repairs to the meter shall be made by the department of public works; and the cost of such repairs shall be paid by the owner. If payment for damages is not received at the time of, demand, the department of public works shall turn off the water and ahall not turn it on until full payment has been made together with all service charges. Damaged meters may be repaired by the department of public works Without first giving notice to the owner of the premises served by such meter. (c) No one shall in any way Interfere with the proper registration of water meters, and no one except an authorized employee of the department of public works shall break a seal on a water meter. (Ord. No. 75.2773, § XII, 7.22.75; OrdNo. 83.3142, § 2D, 8.30.83; Ord, No. 89.3415, § 9, 5.16-89) Supp. No. 41 2297 y i i T i i, 633.165 IOWA CITY CODE Sec. 33.155. Testing. In case there is any doubt as to the accuracy of a water meter on the part of a consumer, he may request that a meter be tested by the department of public works, at which test he may be present or have a representative present if he so desires. If the water meter is found to register within two (2) per cent of being I correct, a charge of ten dollars ($10.00) will be made to cover the i cost of making such test. If the meter is found to measure more than two (2) per cent fast, no charge shall be made for making the test; and there shall be a proportional deduction made from the last water bill preceding the test. A water meter shall be consid- ered to register satisfactorily when it registers within two (2) per cent accuracy, (Ord. No. 75.2773, 4 XII, 7.22-75) Sec. - 33.156. Removal of meters. (a) Whenever a water meter is located in premises that are to be remodeled, removed, or destroyed, or where the service is to be discontinued, the owner of such premises shall give notice in writing to the department of public works requesting removal of. X11 such meters and granting access thereto to city personnel for that purpose. The owner, or the owner's authorized agent, shall be'-� responsiblefor the meter until suchwritten notice is given and the meter is recovered. If. the meter is damaged, buried, or lost, the owner shall be required to pay for the. same at cost less depreciation, and such amount shall be charged to the owner's water service account for that property, or any other active water service account in the owner's name. (b) Prior to removal of a second meter, the plumbing shall be inspected by the public works department (water division) to verify that said plumbing has been physically altered so as to thereafter direct all water through the primary meter. (Ord. No. 89.3415, 5 7, 5.16.89) Secs. 33.157-33.162. Reserved. - DIVISION 4, RATES AND CHARGES Sec, 33.163. Rates. (a) All users of city water service shall be charged: Supp. No. 41 2298 j I it i II I ■ UTILMES 4 33.164 (1) A minimum monthly charge for the first two hundred (200) cubic feet, or less, of water usage, based on meter size, and (2) A monthly charge on all water used in excess of two hun. dred (200) cubic feet per month, and (3) There will be no minimum monthly bill for a second water meter, from November through March of each year, for those months during which no water is used. Said charges shall be for the quantities of water used and shall be in the amount set forth in the schedule of fees, section 32.1.73. (b) The rates and charges herein established and set forth in', the schedule of fees shall apply only to properties located within the. corporate limits of the City of Iowa City. Where another municipal corporation hes entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areae outside the corporate limits of the City of Iowa City for which there is no prevailing contract, the rate shall be estab- lished as fifty (50) per cent above those provided in the schedule of fees. (c) The water rates and charges herein established will be effective with the billings sent after the effective dates listed in the schedule of fees. (Ord. No. 75-2773, S 11,-7.22.75; Ord. No. 81.3032, 4 2, 8.25-81; Ord. No. 86.3290, 5 4, 6.17-86; Ord. No. 87.3341, $ 2,9-8-87; Ord. No. 89-3415, ¢ 2, 5.16.89) Sec. 33.164. Temporary use during construction. (a) When temporary water service is requested for a structure j under construction, the owner or contractor shell pay a tempo- rary fee based upon the type of structure under construction and the length of time temporary water service is utilized, as set forth in the schedule of fees, section 32.1.73. (b) If such rates are inadequate for the amount of water to be used, the department of public works may establish higher rates for a particular premises. (c) The water used under this provision may not be used to settle ditches or irrigate lawns or gardens; and the department of public works may discontinue service to anv owner or contractor u 1 li II �; § 33-164 IOWA CITY CODE who has failed to pay for water supplied or used contrary to they provisions of this section. (Ord. No. 75.2773, § II1, 7.22.75; Ord. No. 87.3341, § 3, 9.8-87; Ord. No. 89.3415, § 3, 5.16.89) Sec. 33.165. Direct purchase rates. Water can be purchased at the water pumping plant or at any other location that may be designated by the department of pub- lic works for that purpose. Water purchased in tanks furnished by the purchaser will be charged at the rate provided therefor in the schedule of fees, section 32.1.73. The department of public works will not be responsible for the purity of water alter it leaves the supply line when it is delivered to. the purchaser's container. (Ord. No. 75.2773, § IV, 7.22.75; Ord. No. 87.3341, § 4, 9-8-87; Ord. No. 89.3415, § 4, 5.16-89) Sec. 33.166. Billing procedures; delinquent accounts; collec- tion procedures. (a) Classification of service; billing frequency,- delinquent ao- counts. Water service shall be classified by consumer type: Resi- dential, commercial/retail, industrial, governmental/institutional, other (consumers outside corporate limits). The director of finance shall determine the classification of each consumer based on such criteriaasrate of consumption, water use, size of meter, etc. Meters on residential service shall be read bimonthly (once every two (2) months). Charges and billings for services shall be billed bimonthly (once every two (2) months) based upon actual read. ings. "The frequency of meterreadings and billings for other consumers shall be determined by the director of finance. Billings for any particular period shall be mailed to consumers within thirty (30) days after the end of that period. Payments are due as of the date the billings are mailed, which date shall be the billing date. If full payment of the amount billed is not received within fifteen (15) days after the billing date, the consumer's account shall be considered delinquent. 'As to locations at which city sewer and water service is being provided, the user's/consumer's account shall be billed and col - ]acted as a single combined account. In the event of a delinquency in payment as to either sewer service or water service, subse- Supp. No. 41 2300 15 7Z i i i U71LMES 4 33166 quent payments shall be credited first to the delinquent bill or bills, and then to the current billing. In the event that a consumer fails to pay the full amount of the consumer's bill for water service within thirty (30) days after the billing date, service may be discontinued, following due notice, or such charges may be certified by the city council and assessed against the property connected with the water system and for- warded to the county auditor for collection in the same manner as a property tax. - (b) Notice of service discontinuance,- hearing. The department of finance may discontinue water service to any consumer who has failed to pay for the water supplied, after giving the con- - sumer notice and an opportunity for a hearing before the director of finance or his/her designated representative. The notice shall be mailed by first class mail to the affected consumer not less than twenty-four (24) days in,advance 'of discontinuance, shall be posted at the service location or locations not less than five (5) days in, advanceof discontinuance, shall state in writing the reason for discontinuance of service, shall identify the account or' accounts and service location or locations for which payment id delinquent, and shall state the amount or amounts of such delin- quencies and service charges, shall identify the service location or locations at which service will be discontinued, and shall state the date or dates on which such service will be discontinued. (c) Discontinuance of water service When a consumer's account for water service at a particular location is delinquent as pro- vided in (a) above, water service at that location may be discon- tinued by shutting off the service water valve at the stop box, if available, or removal of the consumer's meter. The city shall have unrestricted access to such valves and meters for the pur• poses specified herein, regardless of whether those devices are located in city street right-of-way, city easement, or on the prop-. erty of the consumer. (d) Discontinuance of water service; consumers with multiple accounts at multiple sites. Notwithstanding (c) above, when an individual consumer is billed under. two (2) or more accounts for water consumption at. two (2) or more separate water service locations, a delinquency in payment for service provided at any Supp. No, 41 2301 15 7Z I( n , l �I 1 1 1' I' 4 33.166 IOWA CITY CODE i one or more of the said location shall be cause for the city to j discontinue service at all service location serving that consumer, j regardless of whether the accounts for consumption at such other j locations are delinquent. 1 j (e) Restoration of service; fees and charges. Upon payment of � all delinquent water service fees, and sewer service fees where applicable, and service charges as hereafter provided, the city shall cause the consumer's water service to be restored. A con- sumer whose water service is to be restored shall pay the carding fee for shut-off authorized by section 33.169(c) and set forth at section 32.1.73 of the Code of Ordinances. I It shall be prohibited for any person to restore or attempt to restore, without city authorization, water service at a location where water service has been discontinued by the city. (f) Lien In addition to the shove, the city shall have a lien upon the property of any user or property owner who has failed to pay for water supplied. Ater notice and public hearing, the city shall adopt by resolution andthe city. clerk shall certify. the — amount of the lien and file the same with the county auditor. Such lien shall attach to the propertywhich has served: upon certification by the city council. Liens perfected in this manner shall be assessed against the property to the extent of the balance ,. due to the city for water supplied and losses incurred in perfect- ing such lien. Such lien shall be enforced until payment of the claim. When the lien is satisfied by payment of the claim, the city shall acknowledge satisfaction thereof and file -a release with the county auditor in the county where the property is situated. Provided, further, however, that any rental property owner or manager shall furnish to the city in writing the name and for- warding address and telephone number (if known) of former ten- ants who have vacated the premises where water bills are past due and unpaid. Providing this information shall cause the city to forbear filing the lien provided for in this section. (g) Fee for delinquent accounts. The director of finance is au- thorized to charge a fee for delinquent water service accounts. The amount of such fee shall be as set forth in the schedule of fees, section 32.1.73. Water service to a property which has been discontinued pursuant to this section may be resumed provided I Supp. No. 41 2302 ' UTILITIES 4 93-168 that the customer or property owner pays the delinquent amount plus all additional fees and charges. Water service to rental properties shall be resumed notwithstanding failure of the per- sons formerly living there or occupying the premises to have paid all water bills provided that all such persons have vacated the premises as verified in writing by the rental property owner or manager. (h) Regulations regarding billing and maintenance of water - service account records. The director of finance isauthorizedto adopt and promulgate rules and regulations not inconsistent with this chapter regarding billing procedures for water service ac- counts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. (Ord. No. 75.2773, § V, 7-22.75; Ord. No. 76-2802, § B, 6.22.76; Ord. No. _ 88.3359, § 2, 1.12-88) Sec. 33.167.: Fees and billing procedure upon change in ten- ant account. .. When a tenant notifies the city that he/she is moving and no one has authorized service to start for a new tenant, the city shall automatically place the account into the name of the owner/manager. Billings generated during the first fifteen (15) days, after which a rental property account has been put into the owner'stmanager's name, shall include charges for actual water usage only; no min- imum charges or refuse charges will be included. In such in- stances, the meter(s) need not be removed, and no reading fee.. shall be charged on the automatic return to the owner's/manager's name When an owner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant' of his/her responsibility to pay the bill. Upon written notification from the owner/agent, the city will transfer the billed amount to the tenant's account. (Ord, No. 89.3415, § 7, 6.16.89) Sec. 33.168. procedure for fixing rales. Before any ordinance is enacted to fix rales to be charged under this division, a public hearing on the proposed change shall be held by the city council at a time determined by mo- tion of the city council. Notice of such hearing shall. contain the date, time, and place for the hearing and shall be pub - Supp. No. 41 2302.1 /572 -- II I I' i �I I 133.168 IOWA CITY CODE lisped once in a newspaper of general circulation in the city, .not less than four (4) nor more than twenty (20) days prior to such public hearing. (Ord. No. 75-2773, § XX11, 7-22.75) Sec. 33169. Deposit upon establishment of account; deposit upon delinquency of account; fees and charges for consumer services. (a) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, with the city, or upon reestablishment of such accounts with the city, the person establishing the account shall be required to execute a service agreement and make a combined account deposit before com- mencement of city's service. The amount of the deposit shall be as provided in the schedule of fees, section 32.1.73. Upon initial establishment of a commercial water service ac. count, or a commercial sewer service account, or either of these, with the city, the person establishing the account shall be re- quiredto execute a service agreement and make a combined. account deposit before commencement of the city's service. The amount of the deposit shall be as provided in the schedule of fees, section 32.1-73. - - Deposit shall be held either until three (3) years atter estab- lishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time, the amount of the deposit shall be credited to the customer's account. (b) A delinquency deposit may be charged upon repeated de. linquency of any water service account, sewer service account; and/or residential solid waste collection account. Upon the occur. rence of a delinquent water service account, sewer service ac- count and/or residential solid waste collection account resulting in a second delinquency charge in a calendar year, the consumer shall be required to make a combined account deposit which is equal to the average two-month billing for their account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the consumer already has a combined deposit being held, that deposit shall be increased to the proper amount for a delin- quency deposit. Supp. No. 41 2302.2 i I UTILITIES 4 32-140 Delinquency deposits shall be held either one year after the establishment date or one year after the last occurrence of a charge for a delinquent account, whichever occurs last.. The de. posit shall be released when service is terminated and the ac. count is closed. At that time, the amount of the deposit shall be credited to the customer's account, or refunded if the account is then paid up. _ (c) Fees and charges for various consumer services, including water main taps, water main installation and connection fees, and routine water service procedures are hereby established. Such fees and charges shall be as set forth in the schedule of fees, section 32.1.73. (Ord. No. 75-2773, § XII(B), 7-22.75; Ord. No. 76.2808, § II, 9-21.76; Ord. No. 87-3341, § 6, 9.8.87; Ord. No. I - 89-3415, § 5, 5-16.89) Sec. 33.170. Connectingloops. - ..Before connection by, the abutting property owner to water mains constructed at the expense of the department of public works, such property. owner skull pay to the city a charge based upon the front footage of the property to be served Imd,. based upon the costs of a six (6) inch water main. If the con - meeting loop is such that property outside the subdivision abuts such loop or ties and connections are made to such line, the city' shall collect the regular charge per front foot and shall re- imburse the original payer to the extent of the collection so made. In no event shall the actual amount so paid to the indi- vidual or subdivider by the city exceed the original cost of the extension, (Ord. No. 75-2773, § XX, 7-22-75) Supp. No. 41 2302.3 /S7Z i ,I 11 � s 1 4 33.171 IOWA CITY CODE '\ ARTICLE VI. PUBLIC UTILITIES REGULATION* DMSION 1. TITLE, PURPOSE, DEFINITIONS, ETC. Sec. 33-171. Title. The ordinance codified in this article shall be known as the "public utilities regulation ordinance." (Ord. No. 86.3298, § 1, 9.986) Sec. 33.172. Purpose. .. The purpose• of this article is to regulate the use of public right-of-way for the distribution of energy and audio or visual communications by companies holding a franchise granted by the City of Iowa City, Iowa, or otherwise permitted to use public right-of-way to deliver a product or service to tlie residents of this city; and to regulate the location of utility system expansions and extensions to promote comprehensive city planning. (Ord. No. �. 86.3298, § 1, 9.9-86) Sec. 33.173. Definitions. For the purpose of this chapter the following terms shall have the meanings herein ascribed to them except where the context clearly requires otherwise: (a) Audio or visual communications include radio and televi. sion transmissions and telephonic communications. (b) Energy means power supplied to customers either in the form of gas or electricity. *Editor's note—Ord. No. 86.3298, 11. passed Sept. 9j 1986, and effective Nova 14. 1980, amended Ch. 33 by adding Art. VI, Diva. 1, 3 and 4. At the discretion of the editar, and in order to maintain Code formal, Diva. 3 and 4 have been redesignated Dive. 2 and 3, respectively. Cross references—Franchises, Ch. 14; planning, Ch. 27; streets, sidewalks and public places, Ch. 31; subdivision regulations, Ch. 32, Stale law reference—Authority to regulate conditions required and manner of use of streets and public grounds orchy, I.C.A. 1364.2. Supp. No. 41 2302.4 , 4 33.171 IOWA CITY CODE '\ ARTICLE VI. PUBLIC UTILITIES REGULATION* DMSION 1. TITLE, PURPOSE, DEFINITIONS, ETC. Sec. 33-171. Title. The ordinance codified in this article shall be known as the "public utilities regulation ordinance." (Ord. No. 86.3298, § 1, 9.986) Sec. 33.172. Purpose. .. The purpose• of this article is to regulate the use of public right-of-way for the distribution of energy and audio or visual communications by companies holding a franchise granted by the City of Iowa City, Iowa, or otherwise permitted to use public right-of-way to deliver a product or service to tlie residents of this city; and to regulate the location of utility system expansions and extensions to promote comprehensive city planning. (Ord. No. �. 86.3298, § 1, 9.9-86) Sec. 33.173. Definitions. For the purpose of this chapter the following terms shall have the meanings herein ascribed to them except where the context clearly requires otherwise: (a) Audio or visual communications include radio and televi. sion transmissions and telephonic communications. (b) Energy means power supplied to customers either in the form of gas or electricity. *Editor's note—Ord. No. 86.3298, 11. passed Sept. 9j 1986, and effective Nova 14. 1980, amended Ch. 33 by adding Art. VI, Diva. 1, 3 and 4. At the discretion of the editar, and in order to maintain Code formal, Diva. 3 and 4 have been redesignated Dive. 2 and 3, respectively. Cross references—Franchises, Ch. 14; planning, Ch. 27; streets, sidewalks and public places, Ch. 31; subdivision regulations, Ch. 32, Stale law reference—Authority to regulate conditions required and manner of use of streets and public grounds orchy, I.C.A. 1364.2. Supp. No. 41 2302.4 I VEGETATION § 94-71 (g) Soil erosion control: A method of planting and culti- vation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or man-made causes. (h) Natural area: An area allowed to retain native plant material in a natural prairie state. (i) Weeds: Weeds as used in this chapter shall mean any plants growing uncultivated and out of context with the surrounding plant life with a height of eighteen (18) inches or more or when such plant has a seed head forming or formed. (j) Noxious weeds: Primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the secretary of agriculture, State of Iowa. (k) . Unmowed or untended area: An area allowed to grow without care and supervision,where weeds 'and grasses are more than the allowed height. (1) Developed lot or area. An improved or commercial lot. (m), Undeveloped lot or area. An unimproved lot or area. (n) Fire marshal: The city fire marshal or his/her repre- sentative. (o) Conservation area: An area that is planted with ground cover plants of a size and texture compatible with the environ- ment and maintained accordingly. (p) Chemical control: The application of a herbicide (weed killer) in strict accordance with the directions on the product and 'the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto may be adopted. (q) Enforcement period: The period between the fifteenth of June and the fifteenth of October. (Ord. No. 78-2916, ii 3, 8-22-78) Seo. 34-71. Authority for enforcement of article. The city manager or person designated by him/her shall be responsible for the enforcement of the Weed Ordinance and shall Supp. No. 41 2367 ■ i 134-71 IOWA CITY CODE have all the necessary authority to carry out the enforcement of the Weed Ordinance. Said designee shall be known as the weed official. (Ord. No. 78-2916, § 4, 8.22-78) Sec. 34-72. Interference with weed official. No persons shall interfere with the weed official or any ap. pointed assistant while engaged in the enforcement of this arti. cle. (Ord. No. 78.2916, § 5, 8-22.78) Sec. 34-73. Failure to control weeds declared a nuisance; constitutes either a misdemeanor or a munici- pal infraction. The failure of a person owning, controlling, or in possession of property to observe any of the following requirements is hereby declared to be a misdemeanor or a municipal infraction (a) Each owner and each person in thepossession or control of any land shall cut or otherwise destroy, in whatever man. ner prescribed by the weed official, all noxious weeds thereon ' and shall keep said lands free of such growth.. (b) Each owner and each person in possession or control of any developed or undeveloped lot shall be responsible to keep said lot along with the parking adjacent thereto, alleys, public ways or areas up to the centerline of said ways free of any weeds and to keep grasses on said land mowed so .., that said grass is less than eighteen (18) inches in height. (c) Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to 'remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrians or vehicular traffic upon any public place or way. (d) Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in pos- session or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Supp. No. 41 2368 1_ I I i /S7.Z 134-71 IOWA CITY CODE have all the necessary authority to carry out the enforcement of the Weed Ordinance. Said designee shall be known as the weed official. (Ord. No. 78-2916, § 4, 8.22-78) Sec. 34-72. Interference with weed official. No persons shall interfere with the weed official or any ap. pointed assistant while engaged in the enforcement of this arti. cle. (Ord. No. 78.2916, § 5, 8-22.78) Sec. 34-73. Failure to control weeds declared a nuisance; constitutes either a misdemeanor or a munici- pal infraction. The failure of a person owning, controlling, or in possession of property to observe any of the following requirements is hereby declared to be a misdemeanor or a municipal infraction (a) Each owner and each person in thepossession or control of any land shall cut or otherwise destroy, in whatever man. ner prescribed by the weed official, all noxious weeds thereon ' and shall keep said lands free of such growth.. (b) Each owner and each person in possession or control of any developed or undeveloped lot shall be responsible to keep said lot along with the parking adjacent thereto, alleys, public ways or areas up to the centerline of said ways free of any weeds and to keep grasses on said land mowed so .., that said grass is less than eighteen (18) inches in height. (c) Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to 'remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrians or vehicular traffic upon any public place or way. (d) Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in pos- session or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Supp. No. 41 2368 1_ I I i /S7.Z i I' . VEGETATION 4 94.74 Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsi. - bleto keep the flat or accessible portion of the creek bank 'free of any weeds and the grasses more than eighteen (18) inches in height. (e) No owner or person in possession or control of any devel. oped or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within one hundred fifty (160) feet of a building, structure, recre. ation area (not including the width of any intervening street) or within one hundred twenty-five (125)feet of street right-of-way. (Ord. No. 78.2916, § 6, 8.22.78; Ord. No. 89.3420, § 1, 6.13.89) Sec.' 3474. Natural areas. ._ (a) Designation The weed official, upon application of the owner or person in possession or control of any lot, may designate such lot or portion thereof or any adjacent undeveloped public way as' a natural or conservation area. Prior to designating such area, the weed official shall consider. the following factors: Grade or incline of said tract, the difficulty to control or maintain such tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the city manager pursuant to the procedures as set forth in the Administrative Procedures Ordinance (Ordinance No. 77-2851). [Chapter 2, Article IX of this Code.] (b) Natural or conservation areas Natural or conservation areas need not be mowed and shall be left in their natural slate, except that all noxious weeds shall be removed or controlled. (c) Public mays. Sidewalks or other public ways that lie adja- cent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic, (Ord. No, 78.2916, § 7, 8-22.78; Ord. No. 82.3061, § 2, 4.27.82) Supp, No. 41 2369 li II j - i 34-75 IOWA CITY CODE Sec. 34-75. Enforcement. The weed official is authorized to enforce the provisions of this article and to undertake the abatement of weed nuisances. Such enforcement and abatement may be accomplished by utilization of administrative or municipal infraction abatement proceedings as provided in Chapter 24, Article VI of this Code, Nuisances, or by prosecution of violations hereof as misdemeanors. The costs of abatement shall be recoverable as provided in section 24-107 of this Code. (Ord, No. 78-2916, § 8, 8.22-78; Ord. No. 82.3061, § 3, 4.27-82; Ord. No: 89-3420, § 2, 6-13-89) See. 34-76. Emergency control measures. Notwithstanding any other provisions of this article, whenever in the judgment of the weed official, the fire marshal, or the city engineer a property exhibits uncontrolled weed growth which creates a health, safety, or fire hazard, the weed official may undertake immediate action to abate said condition without prior notice and opportunity for hearing. The costs of such action may be assessed against the property for collection in the same man- ner as property tax. However, prior to such assessment, the city, shall give a property owner notice by certified mail and the opportunity for an administrative hearing in accordance with the procedures of section 24-105 of this Code. (Ord. No. 78.2916, § 9, 8-22-78; Ord. No. 89-3420, § 3, 6-13-89) Supp, No. 41 2370 Me next page Is 24191 UL ii L Ir Ili ii L ZONING 1364 . strutted as will permit the vehicle to be used for year. . round occupancy as a single-family dwelling and con. taining water supply, waste disposal, heating and elec- trical conveniences. A mobile home is factory -built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recrea. tional vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations ap. plying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and re- gardless of the nature of the foundation provided. How. ever, certain mobile homes may be classified as "manu. factured homes." (4) Modular home Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have -' wheels or axles affixed as -a part of its normal con. struction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. (6) Moleb A residential building licensed by the state, usually located along highways, occupied by and used principally as a place of lodging for guests. The term "motel" includes "motor hotel." (n) (1) Neighborhood Center: A use owned and operated by a nonprofit organization, as defined by Section 601(cX3) of the Internal Revenue Code, providing a place for social services such as the care of children, supervised recreation, counseling referral for children and adults, and/or support groups for children and adults, and in which such services are intended primarily, though not exclusively, for those persons within a mile radius of the center. (LI)Nonconforming lot A lot which does not conform to the provisions of this chapter relative to lot frontage, Supp. No. 41 2493 I� �I II i. I 1364 IOWA CITY CODE width or was for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto. (2) Nonconforming structure: A structure or portion thereof which does not conform to the provisions of this chap- ter relative to height, yards or building coverage for the zone in which it is located by reason of the adop- tion of this chapter or subsequent amendments thereto. (3) Nonconforming use: Any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this chapter by reason of the adoption of this chapter or subsequent amendments thereto. (4) Nursing home: A facility operated by a proprietary or nonprofit corporation or association and licensed or regulated by a governmental entity for the accommo- dation of convaleacents or other persons who are not in need of hospital care but who require skilled care and/or related services. (a) (1) Officially approved place: A private street. which was permitted under the terms of the zoning ordinance prior to the adoption of this chapter. Such streets were established either by the city council or by the board (� of adjustment as a variance to the requirement that a lot front on a public street.li (2) Open space: That portion of the lot that is not covered by buildings, drives, parking spaces and aisles. (3) Open space, common: Open space the use of which is shared by all occupants of more than one dwelling unit, as distinguished from private open space. (4) Open space, private: Open space used by occupants of a dwelling unit. (5) Overlay zone: A set of zoning requirements that is imposed in addition to those of the underlying zone. Developments within the overlay zone, except in the case of an OPD -H zone, must conform to the require- ments of both zones or, in the case of a disparity, the more restrictive requirements of the two (2). Supp. No. 41 2494 15 ZONING 6364 (6) Owner.• The person who holds the fee simple or equita• ble title to the property. (p) (1) Parking ares An off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles and tree islands. (2) Parking space: An asphalt, concrete or similar perma- nent dustfree surface which is intended for of vehicular parking. (3) Patio. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling. 2494.1 /57Z I ZONING ¢ 364 (4) Vehicle, storage of A vehicle or portion thereof which - is parked in the same position for a period of forty. eight (48) hours or more. (w) Reserved (x) Reserved (y) (1) Yard A required area on a lot unoccupied by struc. tures above grade except for projections and the spe. cific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard front• The required area across a lot between the front yard line and the street (right. of --way line). (3) Yard rear. The required area from one side lot line to - another side lot line and between the rear yard line and the rear lot line. (4) .. Yard, side: The required area from the front yard line to [he 'rear yard line and from the side yard line to the side lot line. (6) Yard line, front: A line from one side. lot line to an-, other sidelotline, parallel to the street, and as far back from the street as required in this chapter for the front yard. (61 Yard line, rear.- A line parallel to the rear lot line as far forward from the rear lot line as required by this chapter (see "lot line, rear'). (7) Yard ling side: A line parallel to the side lot line and its far from the side lot line as required by this chapter. (z) (1) Zone: A portion of the city delineated on the zoning map in which requirements and development stand- ards for the use of land and buildings within, above or below the zone are prescribed in this chapter. (2) Zoning code interpretation panel- A staff panel desig- nated by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (3) Zoning map: The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. Supp. No. 41 2601 II I L �I � I § 36.5 IOWA CITY CODE (Ord. No. 85-3252, § 1, 9.10-85; Ord. No, 86.3301, § 1, 11A-86; Ord. No. 86-3303, 6 1, 1148-86; Ord. No. 87-3321, § 1, 6.2-87; Ord. No. 87-3349, § l(i)—W, 12.1-87; Ord. No. 88.3366, § 1(5), 2.23-88; Ord. No. 88-3383, § 1A, 6-28-88; Ord. No. 89-3412, § 1, 5-16-89) Cress references—lows River corridor overlay zone definitions, § 3645; sign regulation definitions, 136-61. ARTICLE 11. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES See. 365. Interim development zone (ID). This zone is intended to provide for areas of man- aged growth in which agricultural and other nonurban uses of land may continue, until such time as the city is able to provide municipal services and urbandevelopment can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations'on the zoning map shall be reevaluated with each revision or the comprehensive plan. M designations shall consist of ID -RS (single-family residential), ID -RM (multifamily residential), ID -ORP (office research park), and ID-RDP (research development park) to reflect the intended use of the property in n the future. (b) Permitted uses. (1) Farms. Q), Live ' stock and livestock operations except livestock feed and nd confinement feeding operations. (c) Prouisional uses. (1) Clubs subject to the requirements of section 36-55. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, provided they are located not closer than one-fourth (1/4) mile to any R zone boundary. SuPp. No. 41 2502 1572 P ZONING 43" Y) General provisions: All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles In and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article Ill. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36-57. c. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: Not applicable. e. Sip regulations: See section 36-60. L Fence regulations* See section 36-65. (2) General provisions: See Article IV. J a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. r rte. c. Performance standards: See Division 3. d. Nonconformitites: See Division 4. (g) Special provisions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at a maximum gross density of eight (8) dwelling units per acre with minimum lot areas of four thousand (4,000) square feet and maximum lot area of seven thousand five hundred (7,500) square feet. Lots less than five thousand (5,000) square feet in area shall be developed with one wall of the dwelling unit having a zero side yard. (2) The provisions of section 36-8(cX3) were originally adopted December 30, 1983, and became effective December 31, 1984. The nonconforming use provisions of this chapter shall not apply after December 31, 1984, with respect to the number of roomers allowed in this zone. No dwelling unit shall be Permitted to have a number of roomers in excess of the number allowed in section 36-8(c)(3). (Ord. No. 86-3282, § 1, 3.11-86; Ord. No. 87.3349, § 1(7), 12.1-87) IM 4 36.9 IOWA CITY CODr Sec. 36-9. Factory -built housing residential (RFBH) zone. (a) Intent The factory -built housing residential (RFBH) zone is designed to provide for the placement of manufactured homes, mobile homes and modular homes within factory -built housing parks, or upon individually subdivided lots with a lot size smaller ' - - than that allowed in other zones permitting single-family dwell. - ings..The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumb. ing, or housing codes, and for those factory -built homes which do not have a minimum building width of twenty (20) feet. (b) Permitted uses. (1) Manufactured homes. - (2) Mobile homes: ".(3). Modular homes. (e) Provisional uses. (1), Familycare facilities provided they shall not be located within one-quarter ('/4) mile of each other. ..(2) Manufactured homes, mobile homes and modular homes - with a maximum of one roomer provided that one eddi- tional off-street parking space shall be furnished.. (d) Special exceptions. (1) Child care facilities subject to the requirements of section 36-55. (2) Neighborhood'centers subject to the requirements of sec. tion 36-55. (3)Public utilities. (4) Religious institutions subject to the requirements of sec- tion 36.55. _ ( (5) Schools—Generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 4,000 square feet. (2) Minimum lot width: 35 feet. Supp. No. 41 2512 157.2 4 i h i ZONING 4 98.9 (3) Minimum lot frontage: 20 feet on a public street or an officially approved place. (4), Minimum yards: Front -20 feet. Side -5 feet. Rear -20 feet or 30 feet at RMH zone boundary. (5) Maximum building bulk: Height -25 feet. Building coverage -40 per cent. Floor area ratio—None. (0 General provisions, All principal and accessory uses permit. ted within this zone are subject to the requirements of Articles III and, IV, thedivisions and sections of which: are indicated as - . _ follows:. (1) Accessory uses and requirements: See Article IH.' a., Permitted accessory uses and buildings: See section 36.56. . b. Accessory uses and building regulations: See section 36-57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: Not applicable. . e. - Sign regulations: See section 36.60. - f. Fence regulatiogs: See section 36.65. (2) General provisions: See Article W. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. ' c. ` Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. (1) In no instance shall an area zoned RMI1 he less than ten (10) acres. (2) Manufactured housing parks shall comply with the provi- sions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. (Ord. No. 89.3412, 4 2,5-16-89) Supp. No. 41 - 2513 136-10 IOWA CITY CODE Sec. 36.10. High density single-family residential zone (RS. 12). (a) Intent It is intended that this zone provide for the devel- opment of singe -family dwellings and duplexes at a high density of development in older Portions of the community. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Dwelings allowed in this zone With a maximum of two (2) reamers in single-family dwellings and one roomer in each dwelling unit induplexes, lexes, provided that additional off-stieet parking spaces shall be furnished at the ratio of one-half M space Per roomer. Multifamily dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "sp echil provisions.',) (2) Family care facilities Provided they shall not be located within, o9e.quarter mile of each other. (3) Zero lot line dwellings and townhouses , provided they shall be developed in accordance with section 36.55. (4) Accessory apartments, m nts, subject to the require'ments of sec- tion 36.55. (d) Special exceptions, (1) Child care , facilities subject to the requirements of section 36-55. (2) Neighborhood centers subject to the requirements of sec- tion 3655. (3) Public utilities. (4) Religious institutions subject to the requirements of sec. tion 36-55, (5) Schools—Generalized private instruction. 2514 1572, 1 ZONING § 36-10 (e) Dimensional requirements. (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 3,000 square feet. (3) Minimum lot width: 45 feet. (4) Minimum lot frontage: 25 feet on a public street or an officially approved place. (5) Minimum yards: Front -20 feet. Side -5 feet for the first 2 stories plus 2 feet for each additional story; for zero lot line dwellings, one at 0 feet and the other(s) at 10 feet; or for townhouses, 0 feet or 10 feet. Rear -20 feet. (6 Maximum building bulk: Height -35 feet. Building coverage -40 per cent. Floor area ratio—None. (7) Minimum building width: 20 feet for at least 75 per cent of the building's length. This provision shall not apply to. zero lot line dwellings.. M General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article 111. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36-57.1 C. Off-street parking requirements: See 'section 36-58. d. Off-street loading requirements: Not applicable. a. Sign regulations: See section 36-60. f. Fence regulations: See section 36-65. Supp, No. 41 2515 36-10 IOWA CITY CODE (2) General provisions: See Article W. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions (1) The provisions of section 36-10(cXl) were adopted on June 14, 1985. After December 31, 1986, the nonconforming use provisions of this chapter shall not apply with respect to the number of reamers permitted in this zone and no dwelling unit in this zone shall be permitted to have a number of reamers in excess of the number permitted in Section 36-10 (cXl) (Ord. No. 86-3282, § 1, 3-11-86; Ord. No. 87-3349, § 1(8), 12-1-87; Ord. No. 89.3412, § 3, 5.16-89) 4 Sec. 36-11. Low density multifamily residential zone (RM - 12). (a) Intent It is intended that this zone provide for a high den- sity of single-family residential development and a. low density Of multifamily residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (3) Multifamily dwellings. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of two (2) roomers in each dwelling unit provided that for single- family dwellings and duplexes, additional off-street park - Ing spaces shall be furnished at the ratio of one-half (1h) space per roomer. (2) Family care facilities provided they shall not be located within one-qt�ar!e! (1'4) mile of each, other. Supp. No. 41 2516 ZONING 4 36.11 (3) Rooming houses, provided that the total floor area shall not exceed three hundred thirty (330) square feet for each two thousand seven hundred twenty-five (2,725) square feet of lot area and that there shall beat least one hundred (100) square feet of floor area for each roomer. (4) Zero lot line dwellings and townhouses provided they shall be developed in accordance with the requirements of sec- tion 36.55. (5) Accessory apartments, subject to the requirements of sec. tion 36-55. (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of section 36.55. (2) Child care facilities subject to the requirements of section 36-55. (3) 'Funeral homes subject to the requirements of section 36.55. (4) Group care facilities provided that there is at least seven hundred fifty (750) square feet of lot area for each occupant. (5) Neighborhood centers subject to the requirements of sec- tion 36-55. (6)Public utilities. ; (7) Religious institutions subject to the requirements of sec- tion 36.55. (6) Schools—Generalized private instruction. (9) Schools—Specialized private instruction subject to the pro- .visions ro- .visions of section 36.11(gX2). (10) Transient housing provided that there is at least seven hundred fifty (750) square feet of lot area for each perma. nent resident and two hundred (200) square feet for each temporary resident. - (e) Dimensional requirements. The following table of dimen. sional requirements shall be applicable to the uses of thio zone: Supp. No. 41 2617 /5'72 1 1 L. 7 0 J, i P SingWamily Singlefamily Own 0 -lot line) Town- Duplezesand Multi - e (0•1ol line) (1) Minimum lot area: houses other uses family 4,000 of 3,000 of 3,000 of 6,000 of 8,175 of (2) Minimum lot area . per unit: 4,000 of 3,000 of 3,000 of 3,000 of 2,725 of (3) Minimum lot width: 35 ft 20 R (4) Minimum lot front. 20 ft 18 R 45 R 6(1 R Ij � 20 ft age on a public street lB ft 35 R 40ft or, an officially ap. `. provedplace: ; j Co Minim - (5) Minimum yards: a n i Frank 20 ft 20 ft 20 ft20 ft Side. 5 feet for the first 2 stories plus 2 feet for each additional story; for townhouse units, 0 feet or 10 feet; and for zero lot line dwellings, ,,., feet and the other at 10 feet: one at 0 `- Rear: 20 R 20 ft 20 ft 20 ft .-, 20ft (6) Maximum building bulk:'." � ` Height: 35 ft 35 ft 35 R 35 ft 35 ft' " I.- , i a �\ i ZONING 4 96.12 (3) The provisions of section 36-11(cX1) were adopted on June 14, 1985. After December 31, 1986, the nonconforming use provisions of this chapter shall not apply with respect to the number of roomers permitted in this zone and no dwell- ing unit in this zone shall be permitted to have a number of roomers in excess of the number permitted in section 36-11(c)(1). (Ord. No. 86-3282, § 1, 3.11-86; Ord. No. 87-3349, § 1(9), 12-1.87; Ord. No. 89.3412, § 4, 5.16.89) Sec. 36.12. Medium density multifamily residential zone (11M- 20). (a) Intent It is the purpose of this zone to provide for the development of medium density multifamily housing in areas - suitable for this density and to serve a'market demand for this type of housing. This zone is particularly well suited to locations adjacent to neighborhood activity centers and should have good !� access to all city services and facilities. - i (b) Permitted uses. (1) Multifamily dwellings. (c) Provisional uses. �. (1) Detached single-family dwellings subject to the dimensional •requirements of the RS -12 zone. (2) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single- ' family dwellings and duplexes, additional off-street park- ing spaces shall be furnished at the ratio of one-half ('h) space per roomer. (3) Duplexes provided they shall be developed in accordance' with the dimensional requirements of the RM -12 zone, ..except that the minimum lot area shall be three thousand six hundred (3,600) square feet and the minimum lot area per unit one thousand eight hundred (1,800) square feet. (4) Family care facilities provided they shall not be located within one-quarter (%4 mile of each other. \/ Supp. No. 41 2521 136-12 IOWA CITY CODE (5) Fraternity/sorority houses, provided there shall be five hun. - dred forty-five (545) square feet of lot area for each person - residing on the premises. (6) Neighborhood centers subject to the requirements of sec- tion 36-55. (7) Nursing homes subject to the requirements of section 36.55. (8) Religious institutions subject to the requirements of sec. tion 36.55. (9) Rooming houses, provided that the total floor area shall �! not exceed three hundred thirty (330) square feet for each - - one thousand eight hundred (1,800) square feet of lot area and that there shall be at least one hundred (100) square feet of floor area for each roomer. (10) Townhouses and zero lot line dwellings subject to the re- quirements of section 36-55, provided they are developed in accordance with the dimensional rgquirements of the RM -12 zone, except that each unit shall have a minimum ice. lot area of one thousand eight hundred (1,800) square feet. I j (11) Accessory apartments, subject to the requirements of sec- tion 36-55... .. (d) Special exceptions (1) Cemeteries and mausoleums subject to the requirements of section 36-55. (2) Child care facilities subject to the requirements of section I 36.55. 1 (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least five hundred fifty (550) square feet of lot area for each occupant. (6) Public utilities. (7) Schools—Generalized private instruction. (8) Transient housing provided that there is at least five hun- dred fifty (550) square feet of lot area for each permanent Supp. No. 41 2622 - ZONING f 9612 resident and two hundred (200) square feet for each tempo• rary resident. (e) Dimensional requirements. (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,800 square feet. (3) Minimum lot width: 60 feet. _ (4) Minimum lot frontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front -20 feet. Side -5 feet for the. first 2 stories plus 2 feet for each additional story. . Rear -20 feet... (6) Maximum building bulk: Height -35 feet. Building coverage -45 per cent.. Floor area ratio—None. (D General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: - (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36.56. b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 3660. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. Supp. No. 41 2523 �I i I: I1 ,t � 636-12 IOWA CITY CODE d. Nonconformities: See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 87.3349, 4 1(10),12-1.87) Sec. 36.13. Neighborhood conservation residential zone (RNC -20). (a) Intent It is the purpose of this zone to preserve the charac- ter of existing neighborhoods and these regulations are designed to prevent existing multifamily uses within the neighborhood 71 from becoming. nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. i (1) Detached single-family dwellings. (2) Duplexes. (3) Multifamily dwellings. . (c) Provisional uses. - - (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single- family dwellings and duplexes, additional off-street park- ing spaces shall be furnished at the ratio of one-half (1h) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (Y.) mile of each other. (3) Fraternity/sorority houses, provided there shall be five hun- dred forty-five (545) square feet of lot area for each person residing on the premises. . (4) Neighborhood centers subject to the requirements of sec- tion 36-55. (5) Nursing homes subject to the requirements of section36-55. Supp. No. 41 2524 l S�z 1I 1. i II ±; II 1 l S�z I ZONING 136-13 (6) Religious institutions subject to the requirements of sec- /57z tion 36.55. (7) Rooming houses provided that the total floor area shall not exceed three hundred thirty (330) square feet for each one thousand eight hundred (1,800) square feet of lot area and 1 that there shall be at least one hundred (100) square feet of floor area for each roomer. (8) Accessory apartments, subject to the requirements of sec- tion 36.55. . __._ . .. . _... (d) Special exceptions. (1) Child care facilities subject to the requirements of section 36.55. (2) Group care facilities provided that there is at least live hundred fifty (5 50) square feet of lot area for each occupant. (3) Public utilities. (4) Schools, -Generalized private instruction. (5) Transient housing provided that there is at least rive hun- dred and fifty (550) square feet of lot area for each perma- nent resident and two hundred (200) square feet for each temporary resident. (e) Dimensional requirements. (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,800 square feet. 1(3) Minimum, lot width: 40 square feet. (4) Minimum lot frontage: 25 square feet on a public street or an officially approved place. (6). Minimum yards:. - Front -20 feet. Side -5 feet for the first story plus 2 feet for each addi- tional story. Rear -20 feet. ~l Supp. No. 41 2525 /57z I' •I 1 �I• �a it l 3613 IOWA CITY CODE (6) Maximum building bulk: Height -35 feet. - Building coverage -45 per cent. Floor area ratio—None. (7) Minimum building width: 20 feet for at least 75 per cent of the building's length. (f) General provisions All principal and accessory uses permit - Led within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article Ill. a. Permitted accessory uses and buildings: See section 36-66. :b. -:Accessory -use -and building regulations: See section 36-57. c. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: Not applicable. c. Sign regulations: See section 36-60. f. Fence regulations: See section 36-65. (2) General provisions: See;Article IV. a. Dimensional requirements: See Division 1. b. Tres regulations: See Division 2. c. Performance standards: See Division 3. d. Nonconformities: See Division 4. (g) Special provisions. (1) All uses or buildings which were conforming prior to De - camber 13, 1982, shall be construed to be conforming under the terms of this chapter. Any building containing a con. forming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone, whichever is greater, and is in conformance with all other provisions of this chapter. (2) Any conforming building containing a conforming use which has been destroyed or damaged by fire, explosion, act of God or a public enemy may be rebuilt to its present state. Supix No. 41 2526 157-2- W ZONING f 36-14 (3) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 87-3349, § 1(11), 12-1-87; Ord. No. 89-3412, § 6, 5.16-89) Sec. 36-14. High density multifamily residential zone (RM - 44). (a) Intent It is intended that this zone establish areas for the development of high density multifamily dwellings and group living quarters. Additionally, it is intended that this zone be located near an arterial street for proper access. Due to the dif- ferent types of uses permitted within the zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single- and two-family dwellings, which exist as nonconforming uses, shall be permitted three .(3) roomers per dwelling unit. (2) Neighborhood centers. (3) Multifamily dwellings. (C) Provisional uses (1) Family care facilities provided they shall not be located within one-quarter (1'.) mile of each other. (2) Fraternity/sorority houses provided there shall be three hundred thirty (330) square feet of lot area for each person residing on the premises. (3) Nursing homes subject to the requirements of section 36-55. (4) Religious institutions subject to the requirements of sec- tion 36-55. (5) Rooming houses provided the total floor area shall not exceed three hundred thirty (330) square feet for each one thousand (1,000) square feet of lot area and that there shall be at least one hundred (100) square feet of floor area for each roomer. Sunn. N. 41 2527 /57Z �i 1" �d 136-14 IOWA CITY CODE (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) Public utilities. (5) Schools—Generalized private instruction. (6) Transient housing provided that there is at least three hundred (300) square feet of lot area for each permanent resident and two hundred (200) square feet for each tempo- rary resident. (e) Dimensional requirements.. . (1) Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: 1,000 square feet. (3) Minimum lot width: None. (4) Minimum lotfrontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front -20 feet. Side -5 feet for the first 2 stories plus 2 feet for each additional story. Rear -20 feet. (6) Maximum building bulk: Height -35 feet. Building coverage -40 per cent. Floor area ratio—None. (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article IH: a. Permitted accessory uses and buildings: See section 36.56. Supp. No, 41 2526 /57.2 i i I III � I 1 �I i I' I ZONING 136-15 b. Accessory use and building regulations: See section 36.57. c. Off-street parking requirements: See section 36.58. d. Off-street loading requirements: Not applicable. e. Sign regulations: See section 36.60. f. Fence regulations: See section 36.65. (2) General provisions: See Article IV. a: Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. Noncwnformities: See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 89.3412, § 7,5-16-89) Sec. 36.15. High-rise multifamily residential zone (RM -145). (a) Intent It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential envi- ronment. It is intended that this zone provide an efficient ar- rangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed. to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted use& (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single- and two-family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. Supp. No. 41 2529 /572 13646 IOWA CITY CODE (4) Neighborhood centers. (c) Proulsional uses. (1) Elderly housing subject to the requirements of section 36-65. (2) Low-rise multifamily dwellings provided they are devel- oped in accordance with the dimensional requirements of the RM44zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 zone provided they are located on the ground level or below in a high-rise multifamily dwelling. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) Public utilities.. (5) Religious institutions. (6) Restaurants..:..` (7), Schools—Generalized private instruction. (8) Transient housing., (e� Dimensiorux! requirement& (1) Minimum lot area: 6,000 square feet. (2) Minimum lot area per unit: None. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front—For high-rise dwellings, 0 feet; 20 feet for all other Uses. Supp. No. 41 2530 /572 L. 1. ZONING 136-15 Side—For high-rise dwellings, 0 feet; 5 feet for all other uses. • Rear—For high-rise dwellings, 0 feet; 20 feet for all other uses. (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height—None. Building coverage—None. Floor area ratio—None. (f) General provisions. All principal and accessory uses permit- tVd withip this zone are subject to the requirements of Articles III and, IV.,, the divisions and sections of which are indicated as' • :(I):! Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section! .36-56. b. Accessory use and building regulations: See section 36-57. T c. Off-street parking requirements: See section 36-58. d. Off-street loading requirements: See section 36-59. a. Sign regulations: See section 36-60. f. Fence regulations: See section 36-65. (2) General Provisions: See Article IV. a. Dimensional requirements: See Division 1, b.. Tree regulations: See Division 2. C. Performance standards: See Division 3. Nomionformities: See Division 4. (9) Special provisions. (1) Except along boundaries where I adjacent zones . r pe mit build. ings higher than thirty -rive (35) feet, no Portion of any building in the RM -145 zone shall project through an imahi. nary plane leaning inward from thirty-five (35) feet above zone boundaries at an angle representing an increase of one foot of height for each foot or horizontal distance per. Supp. No. 41 2530.1 157-7- I 136.16 IOWA CITY CODE pendicular to the boundary. Where existing land in abut- ting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 86-3383, ¢ 1B, 6-28.88; Ord. No. 89.3403, § 1, 2.26.89; Ord. No. 89.3412, § 8, 5.16.89) Sec. 36.16. Reserved. Sec., 36.17. Commercial office zone (CO -1). (a) Intent The commercial office zone (CO -1) is intended to provide speck areas where office functions, compatible busi- nesses, apartments and certain public and semipublic uses may be developed. The CO -1 zone can serve as a buffer between resi- dential and more intensive commercial or industrial areas. (b) Permitted uses (1) Clubs. (2) Copy services.. .. _ (3) Florist shops. (4) Hospitals. - (5) Meeting halls. (6) Nursing homes. (7) Office buildings in which no activity is carried on catering to retail trade with the general public and no rtockof goods is maintained for sale to customers except for those Supp. No. 41 2530.2 /S7z i - i �I 1 . - i I� I� i .�,. f, ZONING G3656 be obtained. Failure to maintain said license shall constitute abandonment. (4) Extraction shall not occur within one thousand (1,000) feet of an R zone. (5) Extraction shall not occur within one hundred (100) feet of abutting property or a street. (6) Compliance with all other applicable state regulations shall be met. (i) Funeral homes. (1) Funeral homes shall be located with access to a sec- ondary or primary arterial street as identified on the comprehensive plan map. (2) The site shall have a minimum frontage of one hun- dred twenty (120) feet and a minimum lot area of forty thousand (40,000) square feet. ' (j) Junkyards: (1) No operation shall be permitted closer than one thou- sand (1,000) feet from any established R zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, wall, or other solid screen except for driveway areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor stor- age or salvage operations shall he visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3) For fire protection, an unobstructed firebreak shall be maintained, fifteen (15) feet in width and completely surrounding the junkyard. - (4) The storage of rags, paper, and similar combustible waste shall not be closer than one hundred (100) feet to any property line, unless enclosed in a masonry building of not less than four-hour fire resistive construction. SaPP• No. 41 2595 157-2— I; -I i I� i 13656 IOWA CITY CODE (k) Kennels and veterinary establishments. No kennel area or animal yard shall be located within four hundred (400) feet of any dwelling not located on the premises. (k.l)Neighborhood centers. (1) Neighborhood centers shall be located with access to arterial or collector streets. (2) All centers engaged in child care shall meet the re- quirements of section 36.55(c). (3) The hours of operation of neighborhood centers and outdoor activities on the site shall be limited to from 7:00 a.m. to 10:00 p.m. (4) Screening shall be provided between any parking areas abutting residential uses which require four (4) or fewer 'parking spaces, in accordance with section 36.76(j). .. (1) Nursing homes. (1) Nursing homes shall be located with access to arterial streets as identified on the comprehensive plan map or on street pavements wider than twenty-eight (28) feet. (2) Dimensional requirements: a.. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard -40 feet. 2. Side yard -30 feet. " 3. Rear yard -25 feet. ' c.. The maximum permitted building coverage shall. be 40 per cent. (m) Religious institution& (1) Religious institutions shall be located with access to arterial streets as identified on the comprehensive plan map or on streetpavements wider than twenty-eight (28) feet. (2) . Dimensional requirements.. a. Minimum lot area: Forty thousand (40,000) square feet. Supp. No. 41 2596 ZONING § 36-55 b. Minimum yards. Two (2) feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. (n) Stables. Such structures shall be located at least one thou- sand (1,000) feet from any R zone boundary. (Ord. No. 87-3349, § 1(12),12-1-87; Ord. No. 89-3412, § 9, 5.16-89) 2596.1 J I, . I CODE COMPARATIVE TABLE Adpt. Date 7.12.88 7.2688 8.9-88 .8.23.98 885303 16 4-88 885394. 11.1-88 111658 1213-88 2.28-89 5. 2.89 5. 2-89 6. 2-89 5. 2-89 6.16-89 61699 6.1899 6.1899 ' .. Section ! 885395 tbb Code - . 885399 .... 19 : 89.3403 17.7(y) 895406 89.3407 21,22 895408 17.8(iXi) 18 .. i. 895409 19 895412 � y 20 i 21,22 i 895413 17.8(i)U) 695414 .. ' 895416 , I 32.1.63 Supp, No. 41 6.1916)(2.1) 1 Rp1d 111658 1213-88 2.28-89 5. 2.89 5. 2-89 6. 2-89 5. 2-89 6.16-89 61699 6.1899 6.1899 ' 2970.1 1 Section Section tbb Code - 18 17.7(v) 19 17.7(y) 20 17-8(e) 21,22 17.8(iXi) 18 17.7(v) 19 17.7(y) 20 17.8(e) 21,22 17.8(i)U) 1 36.58(a)(28.2. 1 32.1.63 1 6.1916)(2.1) 1 Rp1d 24.101-24.105, Added 24.101-24108 1 3623(c)(4), (d)(4.5) 1 61 2 . 5.6.. 3 Rpld 5.33 4 6.41 5 545' -. 6-9 549-552 10 Ch S, Art. B3(note) I 3662(cX3)b,2, (cX3)c.2.c,. ' I 3656(d)(2). 1 36.15(e)(5) -. 2, 3 8.16.8-17 - - 3 844,845 2 1216 3-6 1216 7 1247 2 8.31, 852, 634 1 364(n)(I). (1.1) 2 36.9(dX1H5) 3 3610(d)(1H6) 4 36-11(d)(1H10) 5 36.12(c)(1411) 6 36.13(cX1)-(8) 7 36.14(bX1)-(3) 8 36.15(b)(1H4) 0 36.550c.1) 1 1666 1 32.155 2 32,143 1 33.149 2970.1 1 IOWA CITY CODE /5711 Ord. No.. Adpt. Dote this Code 69-3420 6.13-89 . 5 69-3422 6.27-89 ) 7 33.156 , 33167 9Rpld h 1 34.73 �1 I. 34.75, 34.76 1 23-189 /5711 Section Section this Code 2-4 33.163-33.165 5 33.169 6 3348 7 33.156 8 33167 9Rpld 33.154(d), (e) 1 34.73 2.3 34.75, 34.76 1 23-189 /5711 II i' I l 1 I CODEINDEX Supp. No. 41 I 3008.1 /$7-Z. i II. ii FIRE PREVENTION AND PROTEC77ON (Miscellany) -Com d.. Section i Liquefied petroleum gases i f Storage renes for .................................. 12.20 ., Manufactured housing Parke I i. Fire safety standards ............................... 22.99 . Minimum requirements .............................. 12.24 - ' New materials, processes or occupancies ................. 12.22 ., Penalties .......................................... 12.25 Permits for new material, etc ........................... 12.22 Storage sense for explosives and blasting agents........... 12.18 Storage runes for flammable and combustible liquids, etc .... 1219 • Storage runes for liquefied petroleum game ............... 12.20 Violations, penalties ................................. 12.26 - FIRE PREVENTION CODE (Uniform fire prevention code) Adopted........................................... 12.18 Amendments to fue code .............................. 12.21 Appeals .....:.................................. 12.29 ... .: Definitions ......................................... 12-17 . ;. Minimum requirements ........... 12.24 -. Violations, penalties . ........ ................... 12.25. . FIRE STATION ENTRANCE Puking in specified laces prohibited ................. 8 Pec' P P 29.236 at seq. • Trains. See that title - FIRE ZONES .,. .... .. . Established and describ+d ............................ 8.19 FIREARMS AND WEAPONS Cemetery restrictions..... ..::: .'......: ......... 9.7 Concealed weapons - ., 24.68 - Discharge of firearms- : ; , ... 24.64 ... Nuclear weapons free zone ............................ 24.141 at seq. .:. Nuclear weapons free zone. See that title ' Prohibited activities in parks, etc. ......... ...... . . 25.1 r Parke and recreation. See that title Toy gum, slingshots, similar devices .................... 24.65 .. FIRES.... :. Perking in specified places prohibited ................... 23.295 et seq. Traffic. See that title _,. Prohibited activities In parka, etc ....................... 25.1 Parks and recreation. Sea that title - FIREWORKS DISPLAYS •:.. ': - Group activities in parks ... . .......................... 2548 at seq. Parke and recreation. See that title . ! Uniform fire code adopted, etc. .................... 12-16 et seq. Fire prevention code. See that title Supp. No. 41 I 3008.1 /$7-Z. i II. ii i f ,1 + it I i. 1572 IOWA CITY CODE FISH AND GAME LAWS OF STATE Section • -. : Nuisance abatement regulations ....................... 24.101 at seq, - Nuisances. See that title . FISHING Dame, pumping plants, etc., not provided with a fishway or screen Nuisance provisions ................................ 24.101(5) - - Devices, contrivances or materials used to violate fish and - game laws Nuisance provisions ................................ 24.101(6) - : Iowa River prohibitions ............................... 24.83 Iowa River. See that title Iowa River regulations ............................... 24-78 at seq. Iowa River. See that title - FLAMMABLE LIQUIDS Airports, self -fueling regulations .......... ........... - . 4.90 at seq. • Airports and aircraft. See that title Fire code amendments re storage and dispensing .......... 12.21(x) • Storage zones for flammable and combustible liquids ........ .12.19 _ FLASHING BEACONS Parking in specified places prohibited ................... 23.235 et seq. •:, . -' Traffic. See that title . FLOODPLAIN MANAGEMENT ' Abrogation and greater restrictions ..................... 11.9(c) Administration . Appointment, duties and responsibilities of administrator . 11.11(x) Floodplain development permit required ............... 11.11(b) Variances . . ........ ......... ............ - Administrator •;•u �. -• Appointment, duties and responsibilities ................ 11.11(a) Compliance .................................. 11.9(b) Development permit ... . tI r,. ,.'-, . •.. :` Required .. ............. ..... ........... •.,.:� Findings of fact ..................................... 11.7 Floodplain management standards ..................... 11-10 • ..Interpretation ...................................... 11.9(d). .' ' - Lands to which provisions apply • • • • • • • • • • • • • • • • • • • • • • • • 11.9(x) Legal authority ...................................... 11.7.. ..,.� ....:.... -..Purpose ........................................... :11.7 , ._...., , ,.... Severability ........................................ 11-9@ Supp. No. 41 3008.2 1572 CODEINDEX FRANCHISES—ConVd. Section Damages arising from company's negligence Company to hold city harmless ..................... 14-55 Grade, conformity .................. I.............. 1454 Grant not exclusive ................................ 14-56 Granted ......................................... 1452 Poles and wires, location ............................ 1453 Police and rare alarms .............................. 1457 Underground electric service .......................... 33.77 at seq. Electric service (underground). See that title FUNERALS Reseery d spaces for ............. I .................... 23-M Traffic. See that title FURNACES AND BOILERS Mechunicalcode ..................................... 844 at seq. Mechanical code. See that title G GAMBLING Alcoholic beverage premise acts prohibited ............... 5.2 Nuisanceprovisions re buildings or places where gambling is carried on, etc.:.:...... ....... .................. Cam 2A .102(7) GAMES Playinginstreeta .................................... 31.3 GARAGES Floor drains ........................................ 8.163 GARBAGE AND TRASH Bulky rubbish... I ....................... 1552(6) Collection, transportation and disposal Collection, generally .......... .................... 15 .62 Deposit upon delinquency ofacemunt ................... .1556 Deposit upon establishmentoraccount ... ............... 15-66 Disposal, generally ...... ..................... 15-64 Facilities for disposal of garbage and trash in rental hous- ing, owner on furnish;:...11 ....... 0.: ..... 17-7W Fees 15-65 ............................................ Transportation, generally ........................... 1563 Collector's permit Application ...... I .......... I..................... 16.30 Fee ........................................... 11,15-31 issuance ......................................... 15-31 Renewal ......................................... 1633 Required ......................................... 15-29 We r-r-bifily ....... 11,12 Supp. No. 41 3013 J 7 I. E Containers Section Location ......................................... Maintenance or containers and surrounding area 1548 ........ Occupants to place wastes in ......................... 1546 1546 Required ......................................... 1558 Specifications ..................................... 12545 1547 County ordinances Effect orprovisions, re ............................. 16.3 Definitions ......................................... 16.2 Director Rule-making authority ............................. 15.5 Disposal. See hereinabove: Collection, Transportation and Open Private property Disposal Fees or charges authorized ............................ 32.155 Schedule of fees. See: Finances Parks, throwing litter in ........... : ................ Housing standards re storage and disposal of garbage and rubbish 174841) et sent. Housing. Sea that title Premises free or 1 i iter. owner responsi bi I ity ............. Housing standards; type III dwellings ................... 17-10 Housing. See that title Inspections ........................................ 154 Iowa River regulations ................... Iowa River. See that title 24-78 at seq. Lien for services 15-6 Clearing ofopen private property by city ............... 1690 Limbs, brush, handles, etc ............................. 1549 Littering Aircraft dropping litter .............................. 1558 Definitions ................ I................ 16-78 Lakes and fountains, throwing litter in ................ 15.85 - • Landfill sites of city, depositing litter upon ............. 15-91 Occupied private property, depositing on ............... 15-87 Open Private property Clearing by city apart onveer s failure ................ 15.90 Parks, throwing litter in ........... : ................ 15.84 Placement of litter in receptacles an 08 W Prevent scattering . 15-80 Premises free or 1 i iter. owner responsi bi I ity ............. 1688 Prohibited in public places, generally ................. 15.79 Short title ......................................... 1577 Sweeping into gutters, etc ............. ........... 16.81 • Throwing litter from vehicles ........................ 1552 Trucks causing litter, operation ...................... 15-83 Vacant lots, throwingardepanitingon ................. 1559 Manufactured housing parks Refuse and garbage handling ........................ 22.37 Mobile home Park receptacles ......................... 22.39 Newsprint collection, regulations for .................... 15.11 Supp. No. 41 3014 1572 CODE INDEX -" GARBAGE AND TRASH—Com-d. Section Nuisances declared .................................. 24-101 .,. .. Abatement of ...............'...................... 24-103 et seq. Nuisances. See also that title Permits Collector's permit. See hereinabove that subject - Pickupschedule.................................. ... 15-621d1 Prohibited practices ................................. 1.57 Public works department divisions .................. .. 2.166 Purpose of provisions ...................... ......... 15.1 Residential water service account ' ! Deposit upon establishmentof ........................ 15.66 Responsibility of collectors ............................ 15-621gl Solid waste service account Deposit upon delinquency of ......................... 3348 Deposit upon establishment of ........................ 3348 _ Storage. .-.- -- -- -' - - - - -- - - - - - --Containers. Sae within this title that subject - - - - - '` Transportation .............. ............ ......... 155:1 j Collection, transportntion and disposal. See heminabove - - -., that subject Tree limbs, yard wastes, oto. ., Collection, transportation end disposal ................ 15.62(ci Violations City's right to withhold services .................... . 15.10 Hearings, subsequent action ...................... .. I5-9 ..: ;. Nnticc........................................... - 15.8 ' Yard wastes ....... .... ..... ..... .... ....... 1.5 50 GAS _. .. - - - Airport hangars. storage ofcompressed gases ............. 4.0 Airports and aircrafts. Ste that title -: .. .. Franchise .......................................... 14-27 et seq. Franchises. See that titlt ... GAS INSTALLATIONS Housing standards re maintenance of gas appliances and v.. '. ... .. ................... facilities....... ....................................... 17.17-7WHousing. . See also that title Mechanical coda ..................................... 6.44 tt seq. Mechanical code. See lhnt t it le • Storage ones for llnmmablu4, combustibles, etc ............. 12.18 et seq. Utilities, applicable and relative provisions. See: Utilities . GASOLINE Airports, self4treling regulations ....................... 4.90 et seq. Airports and aircraft. See that title ,I Supp. No, 41 30141 /✓ 7AL 157.7- , IOWA CITY CODE `IAA_ GATHERINGS Section Group activities in parks .............................. 2549 et seq. Parks and recreation. See that title Unlawful assemblies ................................. 24.2 - Assemblies. See that title GENDER, Words used for interprotingcode ........................ 1.2 _. GOATS - -: Livestock running at large ............................ 75 I. Animals in general. See: Animals and Fowl GOING -OUT -OF -BUSINESS AND SIMILAR SALES Advertising R... _ Conformity ....................................... 21-32 Definitions ......................................... 21.31 :. Inventory, unlawful additions to 21.33 ,Licensee, duties .... .......... .............. .. 21.32 . Licenses Applications Contents....................................... 2142 ' Procedure .. 2143 - Bond requirements 2144 Exceptions ........ .. .... ....::............ 2149 . ., �, .. Issuance' .. Bond prerequisite to ........ .:.. ..........:.. 214 Generally...................................1., 2145 Renewals......................................... 2149 e .:; .. ... Required. ...................... . 2141 Scope of ..................... 2146 .. .Term of .......................................... 2147. GOLF - ' Prohibited activities in parks, etc .. .................. 25.1- Parka and recreation. See that title Goons , Personal property defined re ...... ... ........... .. 1.2 - GOVERNMENTAL SUBDIVISION ' ' Person coristrued re .................................. 1.2 .;., GRADES OF STREL'75 Generally' ........ ...... ... . ................. 31.5 at seq. Ordinances saved from repeal, other provisions not included herein, See the preliminary pages and the adopting ord4 nonce ofthin code .. .. .:. Sidewalk grades ................................ I .... 31.97 - Struts and sidewalks. See that title - Telephone pole franchise requirements .................. 1454 - Supp. No. 41 3014.2. 157.7- , I `IAA_ I� I i I JJI CODEINDEX GRADING Section Grading or premises of rental housing ................... 17-70 Housing. See that title GRATING Uncovered openings ................................. 31.7 Supp. No. 41 3014.2.1 JJI I. CODE INDEX ii SHEEP Section I Livestock running at large ......................... 74 Animals in general. See: Animals and Fowl ' SHELTER, HOUSE OR BUILDING _ Prohibited activities in parks, eta .................. 26.1 Parke and recreation. See that title ' SHELTER OR POUND Created ........................................... 7.22 Animals and fowl. See that title SHIPPING Iowa River regulations ............................. 24.78 et seq. Iowa River. See that title SHOOTING Firearms, discharging .............................. 2484 Firearms and wespbne. See that title SHOTGUNS Firearms, discharging • •: • ... .. ... ....... 24-64 Firearms and weapons. See that title SHRUBBERY. Sea: Trees end Shrubbery. See also. Forestry -. .. SIDEWALK CAFE Cityplara, sidewalkenfengulatedm ................ 9.1.7(aX3) - , , , < . • . _ City -plaza. See that title _. _ SIDEWALKS. Sae: Streets and Sidewalks SIGNATURES Written, in writing, etc., construed re ....... 1.2 SIGNS AND BILLBOARDS ' - - Animal tied, staked, tethered, hobbled, etc... ......... 7.20(e) Animals and fowl. See that title Billposters,billpostlng and distribution .................... 3.16 at seq. . Advertising. See that title City plaza, permanent and temporary structures at Sign . .,• - regulations ........ 0 ... ......... ......... 9.1.8(4) City plain. See slew that title -' Parks and playgrounds .. ;... �. Tearing down or destroying signs ..................... 26-1(4) . Right-of-way sign permits ............................. 31.145. at seq. Streets and sidewalks. Soo that title • ;: r Zoning requirements ...............•................. 36.1 at seq:. '.........' .. Zoning. Sea that title SKATING City plaza; counting, sliding, use of roller skates, skateboards, ... . ' :.. .. exemption ................•..................... 9.14 :. Supp. No. 41 .3047 1s/A ii A j I II I� I` I i' ' IOWA CITY CODE - SKATING-Cont'd. Section -! - Iowa River regulations ............................... 24.78 at seq. - Iowa River. See that title ' Use of roller skates on roadway. See: Traffic _.. Discharging........................................ 24-65 - Firearms and weapons. See that title SLUM DISTRICTS - - • Urban renewal, generally ........................ • • • • • 8.1 at seq. ' SMOKING - Airport restrictions.................................. 4.65 at seq. Airports and aircraft. See that title - ! Sale of cigarette peperein violation of state laws '••' � -- --- i - - - - Nuieanmpmvisiomrebuildingeorplaws used for.:.:.:. 24101(4)._.. " Smoking prohibited In designated areae "' Certain areae where smoking prohibited ............... 24.5(c),, ;.,,,. .. . Definitions .'...:.'. ........ ............. . . 24.5(b)' i "Designntionofsmokingarea .l:i:......'.:. ........ ::24-0 '. "No smoking" area posted .......................... 241i(e). Public meetings and public places (municipal buildings, here, restaurants, retail stares, public conveyances, eta.) Defined................................ 24-5(b) Smoking prohibited in certain areae:..:.' .... 24.5(c) Purpose of provisions............................ 24-5(a) • •;... .._ Responsibility of proprietors ................•..:.�. yA-6(d) .24-6(g) .'. Violation not a misdemeanor ...................... .. .. SNOW EMERGENCIES . .. .,.... park)ng, stopping and standing ..... 28.286 at seq. ,.•'..: .. ,'.. .: Traffic See that title SNOW REMOVAL ,• '.: . . `:..Nolennces declared .:...........:... .:............' 24.101 Abatement of.................. ...............::.: 24.109 et seq. Nuisances. See also that title . Requirements-.................................... 31.120 at seq. Streets and sidewalks. See the title SNOWBALLS - ..`.. Throwing in streets ........... 81-9 t . ;•. ; SOLICITORS Peddlers regulations ............. I................ 26-1 at seq. Peddlers, canvassers and solicitors. See that title SOLID WASTE DISPOSAL Garbage provisions ............ • • • • • ^ • • • ^ • • "' • "• 15.1 et seq, - Garbage and trash. See that title . ' Public works department divisions ................... &188 Supp. No. 41 3048 �I 1572 ■ 0 0 CODE INDEX i. SOLID WASTE DISPOSAL—Cont'd. Section Service account Deposit upon delinquency of ......................... 3348 Deposit upon establishment of ........................ 3348 SOUND EQUIPMENT NOW regulations for sound equipment ................... 24.4.6 SPECIAL ASSESSMENTS Ordinances saved from repeal, other provisions not included herein. Sea the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities in parks .......................... 2548 at seq: Parks and recreation. Sea that title SPRAYING OF TREES Tree and forestry. regulations ....................... 34-16 at seq. Forestry. Sea that title STAGNANT WATER Nuisances declared ................................... 24-101 Abatement of ..................................... 24-103 at seq. Nuisances. See also that title STAIRWAYS AND PASSAGEWAYS Lighting of public halls and stairways in rental housing, minimum structural standards ..................... 17-6(b) Housing. See that title Minimum structural standards for all dwellings re stairways and passageways ................................ 17.5(i) STAMPS Written, in writing, etc.,mnstmed M .................... 1.2 STATE Defined ............................................ 1.2 STORAGE FACILITIES Aviation fuel storage ................................. 4.93 et seq. Self -fueling regulations. See: Airports and Aircraft Housing standards re rooming houses, etc ................. 17-9fbb) eL seq. Housing. See that title Zoning requirements re special vehicle and watercraft park. ing and storage .................................. 36-58(g) STORM SEWERS Subdivision regulations .............................. 32.1 at seq. Subdivisions. See that title Supp, No. 41 3099 0 i. ii 0 - IOWA CITY CODE STORMWATER DETENTION Section . _• - Nuisances declared.................................. 24-101 Abatement of ................... .............. 24.103 et seq. Nuisances. See also that title STREETS AND SIDEWALKS Alcoholic beverages Open containers, possessing on public streets, highways, .. sidewalks, etc........ :.......................... 5-12 Animals. See also: Animals and Fowl .... _ Driving or riding.................................. 31-5 Other provisions relative to animals. See: Traffic '.. Feeding animals on streets .......................... 31.6 Broadband telecommunications system 'Condition afstrect occupancy ............ ............ 14-55 Franchises. See also that title - - - Cellar door, grating, covering of areaway, etc. '. '. .. Uncovered openings............... .............. 31.7 Coal holes in sidewalks................................ -. 31.100 - .- Coal holes, stairway entrances, etc. - - Uncovered openings............... ............. 31•7 .. . ... Coasting or skating,etc.. ...........................:... 31.2 Similar Similar provisions, See; Traffic. :.. •-Curb .. cute Driveway width restrictions ......................... 31.59 ., - Modification of footage requirements .................. 31.61 _ Permits - Hard surfaced driveway prerequisite to .............. 31.71 �. .,.. - Required....................................... 31.70 Proximity ofdrivewoys to corners and properly lines...... 31.60 Curfew regulations..:............................... 24.23 at seq. - - Curfew. See that title Definitions.................................:....... 31.1 Dirt, mud, debris ' - - Depositing an rigbWf-woy; nuisance conditions ......... 31.11 Driveways Curb cuts. Sae hereinabove that subject ,'. Excavations ........................................ Electrical franchise rights....:...... 31-21 et et eeq, ... ...... - - Excavations. See also that title .14A Supp. No. 41 3050 i' � CODEINDEX WATER AND SEWERS—Cont'd. Section Emptying and disinfecting ............................ . 33.29 Installation in water supply strata ..................... 33.28 Nuisances ......................................... 33.31 Permit from board of health Required ........................................ 33.26 Privy requirements, generally ......................... 3327 Sewers in general. See within this title: Sewers and Sewage Disposal Space limitations ................................... 3332 Privy vaults ' Private sewage disposal. See hereinabove that subject Public works department divisions .................... 2.166 Septic Lanka - Private sewage disposal. See hereinabove that subject Beware and sewage disposal Building sewer requirements and industrial waste control. See hereinabove that subject. City organized into one sewor district .................. 33.16 Connections to systems Plumbing requirements ........................... 8.164 .' Required, when .................................. 33.17 Utility requirements in general ..................... 33.1 at seq. Fees and chargee nuthorind in provisions .............. 32.1.73 Schedule of fees. See: Finances Nuisances declared ................................ 24.101 Abatementof..................................... 24.103 at seq. Nuisances. See also that title Privatesystems, connection or. ....................... 33.17 Private sewage disposal. See within this title that subject Rates and chargee Fees and charges authorised in provisions . , , , , , , 32.1.73 Schedule of face. See: Finances; ace also within this. title: Rates and Charges User charge syslom Billing procedures ............................... 3346 Definitions ................................... 3343 Delinquent accounts, collection procedures......... 3346 ' Deposit upon delinquency of amount ................ 3348 .. Deposit upon establlahmentafaccount ............... . 3348 Funding ...................................... 3344 Purpose ...................................... 3342 Rates ............................... :........ 3345 Review•, changes to rates ......................... 3347 Storm water runaR. See within this title that subject Storm water rung Administrative review of director's decisions ............ 33.59 Supp. No. 41 3077 /57,?— 1 l I 1 1 IOWA CITY CODE WATER AND SEWERS—Cont'd, Section Building permit requirements ....................... 33.58 Construction of eontml structures ar water detention facilities Prerequisites to ................................. 33.58 Control in excessofrequiremenls ..................... 33.65 Definitions ........................... :........... 33.54 Dry bottom storm water storage area Design criteria .................................. 33.62 ' Emergency orders .................................. 3340 General requirements .............................. ..3341 Miscellaneous storm water storage areas ............... 3364 Prerequisites to construction of control structures, etc..... 3358 Purpose .......................................... 3355 . Regulations ...................................... 3357. - Scope of provision ................................. 3356 Subdivision idgulutions .............................. . 32.1 at seq. . Subdivisions: See that title .. Wel bottom storm water storage areas Design criterion .................................. Utilities, applicable and relative provisions. See: Utililles 33.63 , Water supply and distribution , Application for service pipe, denial...... I .............. 33.116 Charges. See herelnbelowi Rates and Charges , . ' Connections - I 33.141 Abandoned servire'pipes.: :..:.................... Application ................. .....:.............. . 33-133 'Loops and crass ties ........... :... ..... ...... .... . 33.136 Mains, tape to .................... ..... ........... 33:135 Maintenance orservice ............. :.... :..... :...` 33-136 Nonconformingconnections ........................ 33140 Service materials, joints ..............'............. 33-137 ' Service pipes ............. :'.::..... .............. ' 33.134 33.139 Trench, filling ............... Utility connections in general ........:...........:. ''' 33.} at seq. Damages by turning on -water"'' - I . Nonliability of city ........................•"'•+, 33-12d Definitions .......................................' 33.115 Fees and chargee authorized in provisions .............. 32.1.73 Schedule of fees. See: Finances Hydrants. opening ................................. 33.118 Inspections ....................................... 33.117 Maine 33.122 Assessments ........' ............................ 33.121 Costs .......................................... Multiple meters authorized, when .............. :.... ' 33-163 Proof prerequisite to installing ...... • • • • • • • ..• ..• • • - 33-150 Protection ..........................:............ 33.154 Supp. No. 41 3078 0 1S7Z - CODE INDEX i WATER AND SEWERS—Cont'd. Section Rates and charges. See within this subtitle that subject Removal of meters ............................... 93.156 Required metering of water use ..................... 93-149 ,I. Size and extensions ..... 7.: ..... 33.120 -... Size of meters ................................... 33.153 .._ Testing of meters ................................ 33.155 Valves and fittings ............................... 33.152 Meters Location,placement .............................. 33.151 Removal of meters ............................... 93.156 Required meteringof water use ..................... 33.149 Plumbers and other interested parties Information supplied to ............................ 33.119 _._.:.- ... '. Private. wells ..................................... . 33.125 • Rates and charges " Billing procedures ................................ 33.166 ''. Connecting loops .... 33.170 Coneumerservices, Fees and chargesfer .. 99.169 ' Delinquent accounts; collection procedures ........... 33.166 Deposit upon delinquency of account................. 93.169 Deposit upon establishment of account............... 33.169- : Direct purchase rates .............................. 93.165 Fees and billing procedures upon changing tonant account 33-167 Fees and charges authorized in provisions............ 32.1.79 . Schedule of foes. See: Finances .. ingrates �.33-166 .. Rake .......... ......... 93189 Temporary useduringconstructlon 39.164 .:. , ShuPrtoRo ecrvi c ...... ................ ' 3.124 Watercourses. See also that title r 7 WATER CLOSETS Housing regulations ............. ...... ..... ..... 17.1 at seq. . Housing. Sea that title WATERCOURSES Nuisance provisions re offensive or disagreeable substances thrown into ponds urpools of water .................. 24.101(10) Nuisance previsions re overflow water from adjacent lands ..,, ,.. entering ....................................... 24-101(8) - WATERCRAFT Iowa River regulations ............................... 24.78 at seq. •- - Iowa River. See that title Zoning requirements regarding special vehicle and watercraft parking and storage ...............r.............. 3658(g) j Supp. No. 41 3078.1 I I 11 i I l ,I. IOWA CITY CODE 34-75 WATERWAYS Section Nuisance abatement regulations ....................... 24-101 et seq. Nuisances. See that title I' WEAPONS. See: Firearms and Weapons 33.125., WEEDS AND BRUSH Nuisances declared ................................... 24.101 Abatement of ...................................... 24.103 et seq. Nuisances. See also that title Weed control 24.51 City manager Weed official. Sae within this subtitle that subject Definitions ....................................... 34.70 Emergency control measures ........................ 34.76 - - - -Enforcement of provisions - - - - - - - - Weed official. See within this subtitle that subject 2.46 ' Natural areas — 'Designated .............. . ...................... 34.74 Natural or conservation areae ....................:.. 34-74(b) Newly developed areas ............................ 34.74(d) Public ways ................ ......... ....... 34.74 Nuisance - - Constitutes eithera misdemeanor or a municipal infraction . '.:. 3473 Failuretocontrol weeds declared .................... 34.73 Short title ........................................ 3369 Weed official . .. - ... .. .. City manager, etc., designated an .'................ 34.71 Enforcement of provisions generally ................. 34.71 Enforcement .................................... 34-75 Interference with ................................ 34-72 Violation, notice of ............................... 34.75 WELLS I' ., Private wells ....................................... 33.125., Water systema in general. See: Water and Sewers WINE AND BEER 1 Alcoholic beverage regulations ......................... 5.1 at seq. Alcoholic beverages. See that title Drinking in public ................................. 24.51 WIRING Electricity (generally). See that title WORDS AND PHRASES General definitions for Interpreting code ................. 1.2 WRECKS ,. Maynr us chief city representative.. ............ 2.46 ' Traffic accidents ... ..... ............ 2346 at seq. Traffic. See that title - Supp. No. 41 3078.2 it 1. i i I' - tl i 1 1 Section 1.2 18.1 et seq. 1.2 1550 175 361 et seq. 1.2 3657 3656 3655 et seq. 4.71 et seq. 3655 9678 1S%•Z- I� i. i. I f RESOLUTION NO. 89-223 RESOLUTION OF INTENT TO CONVEY TO MERCY HOSPITAL A PORTION OF THE VACATED ALLEY IN BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND GILBERT STREET. WHEREAS, by Ordinance No. 82-3097, the City vacated a portion of the east -west alley in Block 47, Iowa City, between Mercy Hospital and Gilbert Street; and WHEREAS, the City has no need for such vacated property; and WHEREAS, Mercy Hospital has asked the City to convey such property to it in order to incorporate the land into the Hospital's expansion plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the following property: The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof, subject to a 20 - foot utility easement over the entire 60 feet reserved by the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities, to Mercy Hospital, in consideration of $7,000.00. AND BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for October 3, 1989, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 79th day of September , 1989. )AYOR App ve as t Form j ATTEST: CI CLERK LERK L ga Department �s97 r I is II -� i 11 I G ,91 WR.LLAM V. PHELAN WE.LIAM M. TUCKER DANIEL. W. BOYLE CHARLES A. MULLEN STEPHEN F. BRIGHT BRUCE L. WALKER RICHARD M. TUCKER THOMAS H. GmMAN STEVEN R REGENWETHER GARY I. SCHMLS PHELAN, TUCKER, BOYLE & MULLEN ATTORNEYS AT LAW 321 MARKET P.O. BOX 21M IOWA CnY, IOWA 52241 August 28, 1989 LOUIS SHU[MAN (1908-19112) FAX: (319) 3946962 TELEPHONE: (319) 3541104 Mayor and City Council City of Iowa City, Iowa Civic Center 410E..Washington St. Iowa City, IA 52240 Dear Mayor and Council Members: submitted with this letter is the Offer of Mercy Hospital, Iowa City, Iowa, to purchase a part of the alley in Block 47, Iowa City. The 60 foot long section of alley which Mercy, Hospital proposes to purchase was vacated by the City through its Ordinance No. 82-3097, adopted by the.City Council on December 21, 1982., Since that date the vacated alley has been used primarily as a vehicular exit for the hospital's admissions parking lot. Mercy Hospital and Veterans Administration Hospital have agreed to jointly acquire magnetic resonance imaging equipment which would be located in an addition to be constructed at Mercy Hospital. The proposed addition would be joined to the hospital's Radiology Department and would occupy a part of the hospital's existing emergency room parking lot and a part of the 60 foot length of alley the hospital seeks to purchase. When this section of alley was vacated, the City retained a 20 foot utility easement over the entire 60 feet. The alley is also subject to existing easement rights in favor of Iowa - Illinois Gas and Electric Company. Mercy Hospital would assume all costs of the relocation of any utility equipment or lines which may be necessitated by construction. f " ' t I AUG 2 81989 Mahon K. Katt,IG eOeik �5 if �I i Representatives of Mercy Hospital would be happy to meet with the City's staff to discuss the enclosed Offer in more detail. DWB:kc Enc. Very truly yours, �R Daniel W. Boyle. er L E D ` AUG 2 01989 Marian K Kerr, City Clerk V lows Ci lows / r97 V Tetc Val'^ OFFER TO PURCHASE To: The City of Iowa City, Iowa Mercy Hospital, Iowa City, Iowa, hereby offers to purchase from you that part of the vacated alley in Block 47, Iowa City, Iowa, described as follows: The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof, subject to a 20 foot utility easement over the entire 60 feet reserved by the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities, for a total purchase price of $7,000.00, payable $500.00 with this offer and the balance of $6,500.00 payable upon the adoption by the City Council of a resolution accepting the terms of this offer and tender of a Quit Claim Deed conveying the above-described real estate to Mercy Hospital, Iowa City, Iowa. In addition to the purchase price, Mercy Hospital, Iowa City, Iowa, agrees to pay all filing fees required to be paid by the City and to pay to the City all appraisal costs and chargeback staff costs incurred by the City in connection with this transaction. This offer shall be null and void in the event the City Council shall fail to adopt a resolution approving a sale in conformity with this offer and the $500.00 tendered with this offer shall in that event be refunded to Mercy Hospital, Iowa City, Iowa. Dated this 28th day of August, 1989. MERCY HOSPITAL, IOWA CITY, IOWA By Ro4e2,4D. Garrett, As ociate Administrator L E �Ipl1G 2 s lees • , it Madan K.Karr, City Clerk Iowa City, Iowa i i. I� L f RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART THREE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. I WHEREAS, the owners, Thomas Wegman, A&A Coins, Inc., and Doris Marchael, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Prairie View Estates, Part Three; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two- mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved, subject to approval of legal documents; and WHEREAS, the final plat is found to conform with all of the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Prairie View Estates, Part Three is hereby approved, as recom- mended by the Commission. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the final plat. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this day of 1989, MAYOR Approved as toForm ATTEST: ('C�'ay..�+ CITY CLERK L gal Department y_ I � I, To: Planning & Zoning Commission Item: S-8921. Prairie View Estates, Part Three. GENERAL INFORMATION: Applicant: Requested action: yppt Purpose: Location: Size:' Existing land use and zoning: Surrounding land use and zoning: STAFF REPORT Prepared by: Barry Beagle Date: September 7, 1989 Mr. Thomas Wegman c% Things, Things & Things 130 S. Clinton St, Iowa City, Iowa s2240 Phone: 337-9641 Final plat approval. To establish a 13 -lot residential subdivision. North of I-80 and east of Prairie du Chien Road within the unincorporated area of Johnson County. 19.17 acres. Agricultural; RS (County) North - Agricultural; RS. South - Agricultural; RS. East - Agricultural; RS. West - Residential; RS. Fringe Area: Area 3; Residential development is encouraged. Applicable regulations: Fringe Area Policy Agreement, City Rural Design Standards, Stormwater Management Ordinance, and provisions of the Subdivision Regulations. File date: July 10, 1989. t Limitation periods: I i I I ii i is I1 , ■ 2 ft SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: BACKGROUND: Public utilities are not currently available, Individual septic systems would be provided for sewage disposal with water service provided by a private well and water distribution system. Ten -foot front lot line utility easements are shown that will enable retrofit of future water service by the City. Police protection would be provided by Johnson County with fire protection provided by the Solon Fire Department. Vehicular access to the subdivision Is provided by the extension of Devon Drive from within the Prairie View Estates development. The site is characterized by wooded and steep side slopes ranging from 5% to 40%. The applicant is seeking final plat approval to establish a 13 -lot residential subdivision immediately north of Interstate -80 within Johnson County. The proposed subdivision represents the third phase of the Prairie View Estates development and increases the total number of lots to 48. The preliminary plat of Prairie View Estates, Part Three, was recommended for approval by the Commission on April 6, 1989, and ultimately approved by the City Council on June 13, 1989, and the Johnson County Board of Supervisors on July 20, 1989, ANALYSIS: The Commission recommended the preliminary plat of the 13 -lot subdivision be approved subject to three (3) conditions: 1) Approval of stormwater management calculations, 2) Approval of the proposed water system and individual septic systems by the Johnson County Health Department, and 3) Installation of refleclorized break -away bollards at the unimproved Syril Street intersection with Prairie du Chien Road. The first two conditions were satisfied prior to approval of the preliminary plat by the City Council. The Subdivider's Agreement accompanying the final plat addresses the third condition which Indicates 'The owners agree that they shall Install, prior to obtaining any building permits for the subdivision, break -away bollards, at the location of unimproved Syril Street as it intersects with Prairie du Chien Road.' The Subdivider's Agreement only addresses the installation of the bollards and should be expanded to Indicate that it will be the responsibility of the Homeowner's Association to maintain, repair and replace the bollards as may be necessary. 3 Syril Street was intended by the Commission to provide suitable secondary access only in the event of an emergency. The unimproved condition of the street, however, makes it doubtful that the street would be passable when needed for emergency secondary access. Staff recommends Syrfl Street be Improved to a passable condition and thereafter be properly maintained by the Homeowner's Association. The standard to which Syril Street would be Improved should be specified by the applicant and agreed to by the City. Staff had recommended the preliminary plat of Part 3 be denied lacking suitable secondary access to the Prairie View Estates development. Any future subdivision within the Prairie View Estates development should not be approved until secondary access is available to the development. Access to Part Three will be provided by the extension of Devon Drive which is intended to function as a collector street and provide an eventual transportation link between Prairie du Chien Road and Highway 1 North to the west. To protect this function, the Subdivider's Agreement for Prairie View Estates, Part Two, specified that Devon Drive shall remain open to the public and accessible from adjoining properties to ensure its continuation. With the subdivision of Part Three, Devon Drive is to be extended to the east boundary of the development. The Subdivider's Agreement for Part Three should likewise indicate that the new segment of Devon Drive will remain open and accessible to the public. With the subdivision of Part 3, two streets in the Prairie View Estates development would be named "Syril": Syril Street in Part 1 and Syril Drive in Part 3, Duplication of street names should be avoided to minimize confusion for residents and emergency service providers. Staff recommends the name of Syril Drive be changed on the final plat. Except for a few minor discrepancies, the final plat is consistent with the design of the approved preliminary plat and the requirements of the Iowa City Subdivision Regulations and Fringe Area Policy Agreement. STAFF RECOMMENDATION: Dependent upon resolution of the following minor deficiencies and discrepancies, staff recommends the final plat of Prairie View Estates, Part Three, be approved: 1. Label the "Stormwater Management Detention Facility Easement." 2. Resolve discrepancy in legal description between the preliminary and final plat. 3. Identify 100 -year flood boundary with respect to Lots 39-41. 4. Revision and approval of legal papers. 5. Change name of Syril Drive. /6 a02, 1 i' I: —r i. 1 I' I� II', N 1. Location Map. 2. Final Plat of Prairie View Estates, Part Three. Approved by:J Dbnald Schmeiser, Director Department of Planning and Program Development I I j. I I h L! - ,� ,. l �- ,�, ;, ;' �; _. ��, _�. ,,, �� ; .. r j City of Iowa City MEMORANDUM Date: September 1, 1989 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: Final Plat of Prairie View Estates, Part 3 A revised final plat was received the afternoon of August 31, 1989. The revised plat resolves deficiencies and discrepancies 1-3 and 5. It is staff's recommenda- tion the final plat of Prairie View Estates, Part 3, be approved subject to revision and approval of legal papers by the Legal Department prior to presentation of the plat to the City Council. bj/pc2 /Goa ! i i f �I i I J:: RESOLUTION NO. 89-224 RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 2 AND 3, HIGHLANDER DEVELOP- MENT FIRST ADDITION. WHEREAS, the owner, Northgate Development Company, Inc., has filed with the City Clerk of Iowa City, an application for approval of an amended preliminary Large Scale Non -Residential Development Plan for Lots 2 and 3 of the Highlander Development First Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due delibera- tion the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Plan for Lots 2 and 3 of the Highlander Development First Addition is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the amended preliminary Large Scale Non -Residential Development Plan of Lots 2 and 3 of the Highlander Development First Addition is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 19th day of _ )&00R ATTEST: C CI CLERK Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald September QQ , 1989. (14 Approved as to Form y�� L ga Department 0�4 d /�'03 I II ,. I' { i i a: STAFF REPORT To: Planning & Zoning Commission Item: S-8928. Lots 2 and 3, Highlander Development First Addition GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Site Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Monica Moen Date: September 7, 1989 Northgate Development Company, Inc. 325 East Washington Street Iowa City, Iowa 52240 Contact: Harry Wolf Phone: 337-4195 Approval of an amended preliminary LSNRD plan. To amend the location of a proposed building. North side of Northgate Drive within Northgate Corporate Park. 4.55 acrest Undeveloped; CO -1. North - Undeveloped; ID -ORP. East - Undeveloped; CO -1. South - Commercial Offices; CO -1. West - Undeveloped; CO -1. General Commercial. August 15, 1989. September 29, 1989. Adequate sewer and water services are available to the site. 1 • 'l h I� Ill it i I 2 Public services: Transportation: Physical characteristics: BACKGROUND: Police and fire protection are available. Sanitation services would be provided privately. Transit service, on a limited basis, is available to the N.C.S. complex located west of the Highlander Development First Addition. Vehicular access to the site is provided via Highway I and Northgate Drive. The topography is gently sloping On November 10, 1967, the City Council approved the preliminary Large Scale Non - Residential Development (LSNRD) plan for Lots 2 and 3 of Highlander Development First Addition (copy attached). The plan, submitted by Northgate Development Company, Inc., proposed an office building not to exceed 60,000 square feet on the 4.55 acre site. The applicant prefers to locate the structure approximately 75 feet closer to Northgate Drive then depicted on the approved plan. Since this proposal deviates from the parameters established by the preliminary plan, the plan must be formally amended to allow construction of the proposed facility in the new location. ANALYSIS: Dimensional Requirements: The amended location of the proposed structure complies with the minimum dimensional requirements of the Commercial Office, CO - 1 zone. While the maximum building height of the CO -1 zone is 25 feet, the plan notes the developer's interest in retaining flexibility in developing this property by indicating that the height of the building may exceed 25 feet on the condition that the requirements of Section 36-70(b) of the Zoning Ordinance are met. This provision allows a structure to exceed the maximum height permitted in a zone provided adjustments are made to increase the depth of required yards and provided the increased building height does not conflict with the provisions of the Airport Zoning Ordinance. The Commission will recall that an amendment to the Zoning Ordinance is presently before the City Council that would permit, to a limited extent, buildings in the CO -1 zone which are located across the street from RM, C or I Zones to exceed the 25 foot height limitation of the zone without providing additional front yard setbacks. In this instance, the proposed building could be constructed to a height of 35 feet before the front yard setback would have to be increased. Due to the distance of the proposed building from the side and rear lot lines, no additional side and rear yard setbacks would be required if the building were constructed to a height of 35 feet. Precise dimensions of the proposed building will be reflected on the final LSNRD plan which will be reviewed and approved administratively. Similarly compliance with off-street parking requirements, tree regulations and screening will be shown on the final plan prior to building permit approval. /Go3 I r j, ! 3 The applicant has indicated that landscaping along Northgate Drive in conjunction with a walkway which is proposed for the Research Development Park portion of the subdivision, will most likely be extended westerly, through the CO -1 zoned area, to Highway 1. Stormwater Management: Provisions for stormwater management were approved with approval of the final plat for the Highlander Development First Addition. The drainage easement across Lots 2 and 3 is a part of that stormwater management system. Sidewalks: With approval of the Highlander Development First Addition plat, the City and the subdivider agreed that if sidewalks along Northgate Drive had not been installed within the subdivision prior to the extension of City bus service to the subdivision, the City, at that time, could require the installation of that walk. Limited transit services are available to N.C.S., the development located west of Highway 1 and the Highlander Development Subdivision. The applicant is aware of the provisions within the Subdivider's Agreement that links sidewalk installation with the extension of transit service to the subdivision. In anticipation of future transit service to the development, the plan has been drawn to allow a City bus to maneuver within the parking area serving this facility. The amended location of the proposed structure is geometrically more favorable to transit service than the original location. Economic Impact: Economic impact is a measure of the public costs and benefits associated with the proposed project. Public benefit can generally be measured in terms of the estimated tax revenue generated and the potential number of jobs created by the project. The liabilities or costs are not always quantifiable, but include the cost of direct public improvements such as the cost of over - width paving or over -sized water mains and the indirect public costs associated with the provision of additional public services demanded by the proposed project. Although tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the proposed development. Given the value of existing commercial lots and structures in the immediate area of the proposed project, the assessed value of the land and structure comprising this development is expected to be $2,200,550. At a current City tax levy of $12.02810/51,000 of assessed valuation, the amount of tax due on that property this year would be approximately $26,468. The applicant estimates that 25 to 100 jobs will be created with this office use. While no direct public costs to the City are incurred by this project, indirect costs associated with maintenance of streets and municipal utilities and the provision of police and fire protection services are expected. With development of other parcels within this subdivision, the extension of transit service to the area must also be considered. The proposed development, however, is not expected to require a significant commitment of public funds or services beyond those currently available to the site. 14,03 4 STAFF RECOMMENDATION: Staff recommends that the amended preliminary LSNRD plan to permit construction of a proposed facility on Lots 2 and 3 of the Highlander Development First Addition be approved. ATTACHMENTS: 1. Location Map. 2. Preliminary LSNRD plan for Lots 2 and 3 of the Highlander Development First Addition, adopted November 10, 1987. ACCOMPANIMENT: 1. Amended Preliminary LSNRD plan for Lots 2 and 3 of the Highlander Development First Addition. — r, l Approved by: .a , YIIGV LVI Department of Planning and Program Development I d i I II i i I ' j� I i /Go3 ID -ORP � � � / ` . LOCATION MAP ` S-D92O ---- Lots 2 and 3 Highlander Development First Addition � w 00 S-8701 e, -Co. Highlander Development First Addition of Lots 2 and 3 Preliminary LS14RD Plan Adop'ted cb November 10,, 1997... 4%- 7 4w J. y, .Z4 -%j, IM, 0�1 -ep. 'AIN RC4 V! w., N, 6.c tWf V DR IV, I VOC P— % % or 0(NP' IVA 9-ij:%S -S� SO, PA C�X% f, F- 9p, I <441 &0 & 46 VLP, -to 100 RESOLUTION NO. 89-225 RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NOW RESIDENTIAL DEVELOPMENT PLAN FOR LOT 2 OF BDI FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, William Bywater, has filed with the City Clerk of Iowa City, Iowa, an application for approval of an amended preliminary Large Scale Non -Residential Development Plan for Lot 2 of BDI First Addition; and WHEREAS, said Large Scale Non -Residential Development Plan is for the construction of a 9,000 square foot warehouse building as permitted in the 1-1 zone; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Pian has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Pian is found to conform with all of the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary Large Scale Non -Residential Development Plan for Lot 2 of BDI First Addition is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution and plan, after passage and approval by law. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September Q, 1989. OR Approved as to Form ATTEST:, A/ wwJ ?r CITY CLERK L gal Department n_ i LL i To: Planning & Zoning Commission Item: S-8929. Phase III, Lot 2 of BDI First Addition GENERAL INFORMATION: Applicant: Requested action: Purpose: Comprehensive Plan: Applicable regulations: Fite date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: STAFF REPORT Prepared by: Barry Beagle Date: September 7, 1989 R.L. & W.M. Bywater 2501 Potomac Drive Iowa City, Iowa 52240 Phone: 337-9623 Amended preliminary Large Scale Non - Residential Development plan. To permit construction of a warehouse building. 2415 Heinz Road. 3.08 acres. Industrial; 1-1. North - Railroad Spur and Undevel- oped; 1-1. South - Warehouse; I.I. East - Warehouse; 1-1. West - Undeveloped; 1-1. Industrial. Zoning Ordinance, Stormwater Management Ordinance, and Large Scale Non -Residential Development Plan Regulations. August 17, 1989. October 2, 1989. Adequate sewer and water services are available. No utility extensions are required. 1 Comprehensive Plan: Applicable regulations: Fite date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: STAFF REPORT Prepared by: Barry Beagle Date: September 7, 1989 R.L. & W.M. Bywater 2501 Potomac Drive Iowa City, Iowa 52240 Phone: 337-9623 Amended preliminary Large Scale Non - Residential Development plan. To permit construction of a warehouse building. 2415 Heinz Road. 3.08 acres. Industrial; 1-1. North - Railroad Spur and Undevel- oped; 1-1. South - Warehouse; I.I. East - Warehouse; 1-1. West - Undeveloped; 1-1. Industrial. Zoning Ordinance, Stormwater Management Ordinance, and Large Scale Non -Residential Development Plan Regulations. August 17, 1989. October 2, 1989. Adequate sewer and water services are available. No utility extensions are required. 2 Public services: Transportation: Physical characteristics: BACKGROUND: Police and fire protection are available to the site. Sanitation service will not be publicly provided. The site is accessible from Heinz Road. ! A railroad spur borders the northern lot line. S Topography is gentle to rolling with slopes less than 10%. An existing dralnageway runs north-northeast through the rear (western) portion of the site. The applicant is requesting approval of an amended preliminary Large Scale Non -Residential Development (LSNRD) plan for Lot 2 of BDI First Addition to permit construction of a 9,000 square foot warehouse building identified as Phase III. In the attached letter dated August 29, 1989, Mr. Willis Bywater indicates that the proposed warehouse will provide Economy Advertising Co. with much needed storage space for both raw materials (paper, tubes, etc.) and finished orders. Mr. Bywater hopes to have the building constructed this fall. The proposed warehouse is located on a portion of the site that was Identified by the previous LSNRD plan for a "Future Building." Presently, the site is occupied by an approximate 14,800 square foot, multi -tenant industrial building. This building was constructed in two phases under separate LSNRD plans approved in 1977 and 1979. This structure is presently occupied by Hawkeye Industries, Inc., Universal Hospital Services, Inc., and Quantum Health Resources, under the address of 2415 Heinz Road. Access to the site is limited to a single curb cut onto Heinz Road which leads to an existing 49 space parking area. ANALYSIS: The proposed plan represents the third phase of construction on the 3.08 acre lot. The proposed warehouse is a permitted use in the 1-1, General Industrial Zone; the building's location and height are in compliance with the dimensional requirements of the 1.1 zone. The proposed plan is in substantial compliance with the requirements of the LSNRD regulations and applicable sections of the Zoning Ordinance regarding off-street parking, tree requirements, etc. Additional comments regarding the plan are provided as follows. i The location of the proposed building and expanded parking area will require the size and configuration of the stormwater management facility to be altered. The Phase II LSNRD plan i approved in 1979 identified a stormwater management detention facility covering a specific I{ area. The location of the warehouse and expanded parking area extends into this facility. The j proposed LSNRD plan shows the detention facility as being pulled back on the east side and enlarged on the west side, adjacent to the rear lot line, to accommodate the location of the j proposed warehouse and parking area. Stormwater management calculations will need to be submitted and approved by the Public Works Department for the altered size and design of the stormwater management facility. 1401 \ i, A A private six (6) inch water main and fire hydrant is to be Installed along the south lot line in conjunction with the construction of the proposed warehouse building. The Phase II LSNRD plan indicated that the water main and Tire hydrant were to be installed with the construction of the future building. These improvements were required by the Fire Department to provide additional fire protection in addition to providing water service to the future building. The six (6) inch water main and hydrant will need to be installed prior to issuance of a Certificate of Occupancy for the building. Economic Impact: The proposed building construction is estimated to cost approximately $165,000. The assessed value of the facility is, therefore, expected to be the same amount, At a current City levy rate of $12.02810/$1,000 of assessed valuation, the City would annually generate approximately $1,985 in taxes as a result of the proposed building construction. In addition, the improvements shown do not require a commitment of public funds or services beyond that which is currently available. STAFF RECOMMENDATION: Staff recommends the amended preliminary LSNRD plan for Lot 2 of BDI First Addition, Phase III be deferred, but, upon resolution of the deficiencies and discrepancies listed below, that it be approved. DEFICIENCIES AND DISCREPANCIES: 1. Submit revised stormwater management calculations for Public Works Department approval. ATTACHMENTS: 1. Location Map. 2. Statement of Intent and Time Schedule. 3. Amended Preliminary LSNRD Plan. Approved by: onald Schmeiser, Director Department of Planning and Program Development r i I II J. i, (I LOCATION MAP Lot 2 of BDI First Addition, Phase III S-8929 it I i I Ii l I. WILLIS M. BYWATER 2501 POTOMAC DRIVE IOWA CITY. IOWA 52240 August 29, 1989 City of Iowa City Attn: Mr. Barry Beagle 410 East Washington Street Iowa City, IA 52240 [AUG 30R19PDEPATMED MT RE: Lot #2 BDI First Addition 2415 Heinz Road, Iowa City Dear Mr. Beagle: This letter is to detail the intentions we have for the proposed - 9,000 sq, ft. warehouse that we would like to construct on the above property and as proposed on our request to revise our LSNRD. For many years, the westerly 6,000 sq. ft. of the existing building has been used as warehouse space by our company, Economy Advertising. Recently, we have converted approximately 60% of that space to use by another tenant, leaving Economy with slightly over'2,000 sq. ft. To alleviate the problem temporarily, Economy has leased some truck trailers for storage. It is our intentions to construct -,,.t, the 9,000 sq. ft. building yet this fall, so that it will be available at the beginning of the year for warehousing both raw materials (paper, tubes, etc.) and finished orders. Presently, we do not intend to heat the building, although, may partition off a small area where open storage of small quantities of loose, printed sheets can be warehoused for a specific customer. It's possible, at a later date, as the concept of the printer doing distribution of printed materials continues to grow, we may add plumbing, heating and air conditioning to a portion of the building for the convenience of a person being stationed in the building on at a part-time basis. If I may assist further, please don't hesitate to contact me. Thank you for your assistance with our project. Sincerely, WMB/jw Wi lis M. Bywater RESOLUTION NO. 89-226 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS WOODS SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the subdividers, Stephen and Sonya Moss, on behalf of the owners, Dorothy Petersen, Albert Pickering, Marilyn Perkins, Paul Maske, James R. Maske and William L. Maske, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Moss Woods Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Moss Woods Subdivision is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. It was moved by risco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco _X Balmer —_ Courtney X_ Horowitz _X— Kubby _ X Larson X_ McDonald Passed and approved this 19th day of Sentember , 1989. ATTEST: // ._:- si! M42M2 CITY CLERK /fes OR Appr v.ed�as t Form lLGdhu,..X� L-egal Department v To: Planning & Zoning Commission Item: S-8930. Moss Woods GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Fringe area: Applicable regulations: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: STAFF REPORT Prepared by: Monica Moen Date: September 7, 1989 Steven Moss 2019 Mormon Trek Blvd. Iowa City, Iowa 52246 Phone: 351-8593 Preliminary subdivision plat approval, To establish an eight -lot single-family residential subdivision. Both sides of Under Road, west of Under Valley Subdivision and Agudas Achim Cemetery. Northern part: 3.3 acres. Southern part: 7.438 acres, Single-family residential, agricultural and undeveloped; RS -Suburban Residential. North - Single-family residential and undeveloped; RS. East - Single-family residential and cemetery; RS. South - Interstate 80. West - Single-family residential; RS. Area 3. Fringe Area Policy Agreement August 17, 1989, October 2, 1989, Public utilities are presently not available. Individual septic systems would provide sewage disposal for each of the eight lots. /14f i I I u- •� ii l 2 Public services: Transportation: Topography: BACKGROUND: Lots 1 through 6 would be served by a communal well and private water distribution system. Lots 7 and 8 would be served by Individual wells. Police protection would be provided by Johnson County. Fire protection would be provided by the Coralville Fire Protection District. Lots 1 through 6 are accessible via a cul- de-sac street which intersects with Under Road. Lots 7 and 8 are accessible from Under Road. The topography of the tract generally falls to the north and the south from a high point on the south side of Lot 7. Except for those portions of the tract used for agricultural purposes, the site is tree. covered. The applicant is requesting preliminary plat approval of an eight -lot single-family residential subdivision located immediately north of Iowa City on Under Road, Under Road divides the approximate 10.7 acre parcel Into two parts. Two lots, each with direct access onto Under Road, are proposed on the north side of this roadway. The remaining six lots front on a proposed cul-de-sac located south of Under Road. Seven of the eight lots are between 1.01 and 1.29 acres in size. Lot 8, a flag -shaped lot, is significantly larger in area (2.10 acres) due to its topographically rugged character which limits the amount of "buildable" area. The entire tract is located within Fringe Area 3 of the Fringe Area Policy Agreement between Johnson County and Iowa City. Residential development is encouraged within this part of the City's extraterritorial area. Development within Fringe Area 3 is required to conform to the County and City Rural Design Standards enumerated in the Fringe Agreement. The preliminary plat of Moss Woods has been reviewed for its compliance with these standards; plat deficiencies and discrepancies are listed at the end of this report. The following analysis describes some of the plat deficiencies. ANALYSIS: Design: Lots 7 and 8 should be reconfigured to provide more buildable space for Lot 6 and to permit relocation of the septic field. Streets: The subdivision proposes the establishment of a new street south of Under Road. Six of the eight lots within the development front onto the proposed cul-de-sac. The plat notes that the cul-de-sac is to have a concrete paved surface, a 50 foot right-of-way, and curb and gutter. Minimum corner radii of 20 feet at the cul-de-sac's Intersection with Under Road should /605 .I II. t i .III . 3 be reflected on the plat and the street grade should also be noted, The size and type of any culverts that may be required over drainage ditches within the subdivision such as at the Under Road/cul-de-sac Intersection or at drive approaches to individual lots should be shown on the plat. Public Utilities and Services: The plat reflects that Lots 1 through 6 are to be served by a well located in the northeast corner of Lot 6. The plat shows a line which is presumed to be the water distribution system located in the cul-de-sac right-of-way to the well; this line should be labeled and extended to Lot 1. The plat notes that private wells will serve Lots 7 and 8. The location of these wells is not known at this time, Each lot within the proposed subdivision is to be served by individual septic systems. The proposed locations of these sewage disposal systems and the proposed building sites are noted for each of the eight lots within Moss Woods. The sewage disposal system on Lot 8 should be relocated so that the septic field is not higher in elevation than the house. Two stormwater storage basins are shown within this proposed residential development. Stormwater from Lots 7 and 8 is to be stored in a basin located in the north central portion of Lot 8. The southern part of the development is to be served by a holding basin located on Lots 4 and 5. Preliminary calculations for the stormwater detention facilities should be submitted and approved by the City's Public Works Department. In addition, the storage volume capabilities of each of these basins should be noted on the plat. The subdivider must demonstrate that stormwater from Lots 1, 2 and 3 can be directed to the holding basin on Lots 4 and 5; otherwise, another basin may have to be constructed to detain stormwater from these three lots. Information establishing a fire rating for the area should be submitted along with a letter of transmittal from the Coralville Fire Protection District, 1 STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Moss Woods be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff recommends the plat be approved. DEFICIENCIES AND DISCREPANCIES: 1. Label the water line for Lots 1-6 and extend the line to Lot 1. 2. Reconfigure Lots 7 and 8 and relocate the septic field in relation to the house on Lot 8. 3. Indicate the corner radali at Kenruth Circle and Under Road and the grade of Kenruth Circle. 4. Submit preliminary calculations for the proposed stormwater detention facilities to the City's Public Works Department, Note the volumes of the proposed holding basins on the plat. 1 (ods _ �I f ,I II ; i I.. I!!. 1 (ods _ 4 5. Demonstrate that stormwater from Lots 1, 2 and 3 will drain to the detention facility on Lots 4 and 5; otherwise, note the location of the stormwater storage basin serving these three lots. 6. Establish a fire rating for the proposed subdivision. Submit a letter of transmittal from the Coralville Fire Protection District. ATTACHMENT: 1. Location Map. ACCOMPANIMENT: I. Preliminary Plat - Moss Woods. Approved by: _ D nald chmeiser, Director Department of Planning and Program Development /GaS LOCATION MAP S-8930 Moss Woods i 3 LOCATION MAP S-8930 Moss Woods 2. t I NORTH esr i i I 3 9 t i 9 r i I r i e 2. t I NORTH esr i, i E City of Iowa City MEMORANDUM Date: September 1, 1989 To: Planning and Zoning Commission / ^ /�. From: Karin Franklin, Senior PI ner y) Re: Moss Woods, 5-8930 Revised plats were received after the attached staff report was sent to the Print Shop. The following deficiencies noted in the report still exist: 1. The reconfiguration of Lots 7 and 8 and the relocation of the septic field in Lot 8. 2. Preliminary stormwater calculations and demonstration of the ability of the basin in Lot 4 to serve Lots 1-3 should be shown. 3. A fire rating must be established and a letter from the appropriate Fire District submitted. The following comments on the revised plat were received from the Engineering Division: 1. With a curb shown on Kenruth Circle, a storm sewer system in the cul-de- sac is necessary to prevent ponding of water. The drainageway easement shown In Lot 4 may also serve as a storm sewer easement. 2. Typical road cross-section should Indicate seven Inches PCC. 3. The existing house and garage on Lot 6 should be shown for removal. cc: Denny Gannon Dean Beranek bj/pc2 I i. 1 RESOLUTION NO. 89-227 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY AND THE IOWA CITY ARMORY CORPORATION AKA THE NATIONAL GUARD. WHEREAS, a portion of Clinton Street south of Benton Street and abutting land occupied by the Iowa National Guard was vacated January 26, 1988, by Ordinance No. 88-3362; and WHEREAS, the Iowa City Armory Corporation, aka the National Guard, is in need of parking for functions at the Armory; and WHEREAS, the Iowa City Armory Corporation has agreed to lease a portion of the vacated right-of-way from the City and pave the surface of this area for parking according to City specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA: That the City Council authorizes the Mayor to sign and the City Clerk to attest the Lease Agreement between the City of Iowa City and the Iowa City Armory Corporation attached hereto as Exhibit I. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September 1989. OR Appro ed as to Fo ATTEST: CI CLERK a al Department y_�S�-may EXHIBIT I LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this V day of 1989, by and between the City of Iowa City Iowa ("City"), and Iowa Armory Board ("Armory"), whose address for the purpose of this lease is 925 South Dubuque Street, Iowa City, Iowa. IT IS THEREFORE AGREED as follows: 1. Property Leased. In consideration of the mutual promises herein, City hereby leases to Armory the following -described real property "(Premises") in Iowa City, Johnson County, Iowa, to -wit: Commencing at the southwest corner of Outlot 1 in that part of Iowa City, Iowa known as the County Seat of Johnson County according to the recorded plat thereof; thence North along the West line of Outlot 1, 49 feet to the point of beginning; thence West 23.5 feet perpendicular to the West line of 0ntlot 1;-. thence North 251 feet parallel to the West line of Outlot 1; thence 23.5 feet E; thence South 251 feet along the West line of Outlot 1 to the point of beginning. 2. Term. The term of this Agreement shall commence on the date of execution set forth below, and shall expire seven years thereafter. At that time, this Agreement may be renewed upon mutual consent of both parties, in writing. 3. Rental. Armory agrees to pay City rent at a rate of $1.00 (one dollar) per. year, in advance, payable on the first day of each year during the term of this Agreement, without notice or demand for payment. 4. Possession. Armory shall be entitled to possession of the Leased Premises on the first day of the term of this Agreement, and shall yield possession to the City at the expiration of the lease term, except as herein provided. Should the City be unable to give possession on said date, Armory's only remedy shall be abatement of the rental fee. 8:.cr 10 85 <<:: 274 l�odlo j i p4 f it I - �I i .'� II . ; f i i i I -2 - Use of Property. Armory covenants and agrees to use and occupy the Leased Premises only for the parking of motor vehicles. Armory agrees to comply with all applicable City, State and Federal laws and regulations, including the City's Zoning Ordinance. Armory also agrees that its use of the Leased Premises shall be subject to the following standards for construction and operation of the parking area: a. The parking area shall be constructed as set forth in Exhibit A attached hereto. b. The north curbcut to the property shall be used only as an entrance, and the south curbcut shall be used only as an exit. "Entrance i Only" and "Exit Only" signs which are readily visible by the public 1 shall be posted near those locations. Armory agrees that such signs I' shall be maintained and replaced as necessary, and shall not be �t located on public right-of-way. { c. No parking spaces shall be allowed where there is conflict with utility poles. d. The parking area shall be paved with asphalt, concrete, or a similar dust -free surface. e. An eight inch (811) concrete square cap curb shall be installed along j the west line of the parking area. f. The curbcut north of the exit shall be closed. ' g. The parking surface and cap curb shall be maintained in an unbroken condition. 6. Termination of Lease. Notwithstanding Paragraph 2, after four years from the date of execution set forth below, this Agreement may be terminated ito� . I= EXHIBIT A .n Yfa t�lsdi21'.2!, gaoPo T"Y LIu E" 4` �� Y GsueaA� nems• II . 1• CwG WNecL L�aR AT CA. 9Avwrv4 'Tb i / Q ct, '- wu A 19to" Low. C ,.� ..• ► EutxANm 614N a,C a ,..3 •':��:'. /, 55 L%W s .V. •�: '7'�pgpqa We - %L e Au�n,oky . of mow— .. EAotwr. n.N.9a. . 17.:]CUR . i .. IF 9wne.6 .OtwS°� la• 3 �r["a- h %1s_xlNaao AVG, �FAVT9,AL SQT1 . -• /Y.. 40=00. Revisions IOWA NATIONAL GUARD ARMORY BOARD Job No DEPARTMENT PUBLIC DEFENSE (Military Div) ADJUTANT GENERAL WARREN 6. LAW69M Drawn Bye Chairmen Iowa National Guard Armory Board CPN' PARt< IN G' E)ITCHSIOW Dote AUMv NAYIONAL GURIao RRMoKY OEc ass .SOWA Ll'SYt MOWA Sheol FACILITIES L CONSTRUCTION Building AS Camp Dodge 7700 NW Beever Drive Johnston Iowa 50131 at I Y:J• i:,. RESOLUTION NO. 8g-228 s RESOLUTION APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S -M PARTNERS FOR PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. WHEREAS, on June 27, 1989, the City Council, by Resolution No. 89-168, authorized the solicitation of bids for Parcel D in the Lower Ralston Creek Area; and WHEREAS, the City Council, by Resolution No. 89-201 adopted August 8, 1989, stated its intent to accept the bid of the preferred developer of Parcel D; and WHEREAS, following a public hearing on the proposal, and being fully advised as to the merits of the bids, in consideration of $42,000 for Parcel D, the City Council deems the proposed Contract for Sale of Land for Private Redevelopment with S -M Partners to be in the best interest of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest the Contract for Sale of Land for Private Redevelopment with S -M Partners relating to Parcel D in the Lower Ralston Creek Area, a copy of which is on file in the Office of the City Clerk. 2. That the Mayor is hereby authorized to execute, and the City Clerk to attest, Special Warranty Deeds, and any other documents approved by the City Attorney, which are necessary to convey said Parcel D to S -M Partners in accordance with the aforesaid Contract. 3. That the City Manager or his designee is hereby appointed to ensure that all covenants and agreements set forth in the Contract are fulfilled. It was moved by Balmer and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September 1989. deo M R Approv d ys a Form _ ATTEST: %jam c;a,,,)'P �a yL) CITY CLERK gal Department I; li ,i • i� i I. 1 I 'We will construct two story building on Parcel C with commercial or warehouse space below and approximately seven apartment units above. This construction will begin in the spring or summer 1990 and be completed in approximately six months. Each building will be valued at approximately Three Hundred Seventy Five Thousand ($375,000.00) Dollars when completed. i I will be happy to answer any further questions concerning this project. i S E M Partners 3 ohn Moreland To: City Counci]. Iowa City, Iowa Re: Parcels C S D Denr Council Members: In order tobegin building on Parcel D on schedule., I ask the. council to please vote on.thesaleof.the -above referencedproperties on September 19th after the public hearing. Construction onParcel D is scheduled for fnll, 1989. Thank you for your consideration. very truly yours, John Moreland Jr. S -M Properties i i i Il _ s , , f I ,i I LLJ Qf F— z z —i LOWER RALSTON CREEK PARCEL D Proposed Use: 12 Apartments HARRISON VMV./ bQ FT 84.65' t: GRAPHIC SCALE n. RESOLUTION NO. 89-229 RESOLUTION APPROVING A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT WITH S -M PARTNERS FOR PARCEL C LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND DEEDS TO THE PROPERTY. WHEREAS, on June 27, 1989, the City Council, by Resolution No. 89-168, authorized the solicitation of bids for Parcel C in the Lower Ralston Creek Area; and WHEREAS, the City Council, by Resolution No. 89-201 adopted August 8, 1989, stated its intent to accept the bid of the preferred developer of Parcel C; and WHEREAS, following a public hearing on the proposal, and being fully advised as to the merits of the bids, in consideration of $21,000 for Parcel C, the City Council deems the proposed Contract for Sale of Land for Private Redevelopment with S -M Partners to be in the best interest of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest the Contract for Sale of Land for Private Redevelopment with S -M Partners relating to Parcel C in the Lower Ralston Creek Area, a copy of which is on file in the Office of the City Clerk. 2. That the Mayor is hereby authorized to execute, and the City Clerk to attest, Special Warranty Deeds, and any other documents approved by the City Attorney, which are necessary to convey said Parcel C to S -M Partners in accordance with the aforesaid Contract. 3. That the City Manager or his designee is hereby appointed to ensure that all covenants and agreements set forth in the Contract are fulfilled. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September 1989. OR Approv d aslto- rm ATTEST: ��Q J yN. �� Z CI CLERK L gal Department y iV q August 24, 1989 To: The City of Iowa City Re: Parcels C 6 D, Iowa City, Iowa We propose to build a twelve unit apartment building on Parcel D. Construction will begin in the fall, 1989 and be completed in spring 1990. I< .,.. we: will construct a two story building on Parcel C with commercial or warehouse space below and approximately seven apartment units above. This construction will begin in the spring or summer 1990 and be completed in approximately six months. Each building will be valued at approximately Three Hundred Seventy Five Thousand ($375,000.00) Dollars when completed. I will be happy to answer any further questions concerning this project. S 6 M Partners �oNrelaUnd" I I 'I ' f i. I LOWER RALSTON CREEK PARCEL C Proposed Use: Ground Floor--Cortmercial or Warehousing Second Floor --7 Apartments GRAPHIC SCALE i (artiT1 ' LAFAYETTE STREET L I— .a I i i I ( I i iI RESOLUTION N0, 89-230 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CIVIC CENTER/POLICE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, Notice of Public Hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and a hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the plans, specifications, form of contract and estimate of cost of $ 25.000.00 - for the performance of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of the bid payable to the Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice of the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project to be received by the City of Iowa City, Iowa, at the office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 291h day of September, 1989. Thereafter the bids will be opened by the City Architect or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 3rd day of October, 1989, or at such later time and place as may then be fixed. It was moved by Balmer and seconded by _ Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney _ X Horowitz X Kubby X Larson X McDonald II 9 I. I� I: L i I Resolution No. 89-230 Page 2 RESOLUTION NO. 89-231 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICA- TION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the U.S. Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will Impose certain obligations upon the applicant, Including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, and in conjunction with the filing of applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in conjunction with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA AS FOLLOWS: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit operations and capital improvements pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the City Manager is authorized to execute and file with said application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application and that JCCOG may act as the City Manager's designated representative in these matters. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in conjunction with the project's procurement needs. /6a6 ■ Resolution No. 89-231 Page 2 5. That the City Manager is authorized to execute grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of transit Improvements. It was moved by Courtney and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September 1989. L4zle� - /"OR Approved as to Form ATTEST: 7e7Coan% V C4e CITY CLERK al f /5�—f% /G�6 1 1. i� 1= RESOLUTION NO. 89-232 i RESOLUTION ENTERING INTO AN AGREEMENT WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, IOWA, AND KEVIN M. HANICK FOR THE CONSTRUCTION OF ' A NEIGHBORHOOD CENTER ON CITY PROPERTY. i WHEREAS, the City of Iowa City acquired a parcel of property located at 2105 Broadway Street, through a land exchange, and i i WHEREAS, the City acquired the property in order to facilitate the construction and operation of a neighborhood center for the benefit of the community, and WHEREAS, the City believes that the above -referenced property would make a i suitable location for such a community neighborhood center, and WHEREAS, Kevin M. Hanick ("Developer") desires to construct a neighborhood center on the City's property, and " WHEREAS, the City, the Developer and Neighborhood Centers of Johnson County, Iowa, have agreed to terms for an agreement to allow the construction of a neighborhood center facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1 , IOWA: That the Mayor and the City Clerk be and are hereby authorized, empowered and directed to execute an agreement with the Developer and Neighborhood Centers of Johnson County, Iowa for the construction of a neighborhood center facility. It was moved by Ambrisco and seconded by Horowitz the ! Resolution be adopted, and upon roll call there were: II,• AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of September , 1989. YOR Approved as to Form ATTEST:.,..-.JwwJ 1i/J5 r ®m a AGREEMENT This agreement made and entered Into by and between the City of Iowa City, Iowa (hereinafter referred to as the "City"), and Neighborhood Centers of Johnson County, Iowa (hereinafter referred to as the "Center"), and Kevin M. Hanick (hereinafter referred to as the 'Developer"). WHEREAS, the City believes it would be in the best interests of the public to have a community neighborhood center to provide programs and activities for low-income persons; and WHEREAS, the City has acquired property, located at 2105 Broadway Street, which would make a suitable location for such a community neighborhood center; and WHEREAS, the Developer has made a proposal to build a neighborhood center for the benefit of the community and WHEREAS, the Center desires to operate a neighborhood center for the benefit of the community; and WHEREAS, the City is in agreement to provide the above -referenced property to be used as the location of the community neighborhood center in order to accomplish the above -stated -purposes; and )WHEREAS, the Developar `agrees to build a community neighborhood center on the above- Ireferenced property. j NOW, THEREFORE, the parties do hereby agree as follows: 1.. The Developer agrees to construct a handicapped accessible facility at 2105 Broadway Street to be used as a community neighborhood center. 2. The Developer will construct the facility in accordance with the plans and specifications and addendums "A, "B" and "C," which the Developer has submitted, Such plans, specifications and addendums are Incorporated into this agreement and become a part of the agreement by this reference. 3. The Developer agrees the facility, to be built, will meet all state and local building codes, and will comply with the Iowa City Zoning Ordinance, The Developer agrees that the facility will be completed and ready for occupancy no later than December 31, 1989. The Developer will be responsible for employing contractors and subcontractors to construct the facility. Subcontracts will be competitively bid and no responsible bid will be rejected on the basis of age, color, creed, disability, race, religion, sex or national origin. Upon execution of contracts with contractors and subcontractors, the City will be provided with certificates of Insurance. 2 ' F 6. The Center and Developer agree to defend and hold harmless the City, its officers, employees and agents from any and all liability, causes of action, claims and actions i which may arise out of the Developer's or his employees', agent's or subcontractor's negligence in constructing the facility. 7. The purchase price of the facility will be $161,875.00. The Center agrees to pay the Developer in two Installments. The first installment, in the amount of $25,000, will be paid upon satisfactory completion of the foundation. The second and final installment will be paid upon completion of all contracted construction in accordance with the attached plans, specifications and addendums. 8. This agreement may be terminated, with either party, by the City, if the Center or the Developer fail to comply with any provision contained herein and fail to remedy the noncompliance within a reasonable time after notice is given. 9. If the facility is not completed within the time prescribed, except for reasons beyond control. of the Developer, the City may elect to complete the facility on its own and assess the completion costs against the Developer, which costs the Developer agrees to pay. 10. All changes to this agreement must be in writing, signed by all parties: IN WITNESS WHEREOF, the City has, caused this Agreement to be duly, executed in its name and its behalfby,Its .M.ayor and its seal, to be hereunto duly affixed and attested by its City Cie rk,:and the Center has caused this Agreement to be duly executed in its name and its j behalf by on this— day of 1989., CITY OF IOWA CITY, IOWA By: yor ATTEST: 277a_4, x City Clerk DEVELOPER By: Title: By: CENTERS 1IM" 10WA /GAP I; �l t I� I AGREEMENT This agreement made and entered Into by and between the City of Iowa City, Iowa (hereinafter referred to as the "City'), and Neighborhood Centers of Johnson County, Iowa (hereinafter referred to as the "Center"), and Kevin M. Hanick (hereinafter referred to as the "Developer"). I WHEREAS, the City believes it would be in the best interests of the public to have a community neighborhood center to provide programs and activities for low-income persons; and WHEREAS, the City has acquired property, located at 2105 Bro I dway Street, which would make a suitable Iocatiori�for such a community neighborhood c ter; and WHEREAS, the Developer has made a proposal to build a nal boyhood center for the benefit of the community; and WHEREAS, the Center desir to operate a nelghborrKood center for the benefit of the community; and WHEREAS, the City is In agreem t the location of the community nei purposes; and WHEREAS, the Developer agrees to referenced property. NOW, THEREFORE, the parties do h to provide the bove-referenced property to be used as borhood cenjer in order to accomplish the above -stated neighborhood center on the above - as follows: 1. The Developer agrees to cons uct a fj ndicappa' accessible facility at 2105 Broadway Street to I used as a com unity nei borhood center. 2. The Developer will constr ct the facility i\ccordance ce with the plans and specifications and addendums "A," " and "C;'whicloper has submitted. Such plans, specifications and add ndums are incorthis agreement and become a part of the agreement by is reference. 3. The Developer agr es the facility, to be bet all state and local building codes, and will comply ith the Iowa City Zonie.4. The Develope agrees that the facility wl ted and ready for occupancy no later than De ember 31, 1989. 5. The Devel per will be responsible for employing contractors and subcontractors to construcythe facility. Subcontracts will be competitively big \and no responsible bid will be re)e ed on the basis of age, color, creed, disabillty, race; religion, sex or national origin. Upon execution of contracts with contractors and subcontractors, the City will be provided with certificates of Insurance. 'I Ij 4 i 2 6. The Center and Developer agree to defend and hold harmless the City, its officers, employees and agents from any and all liability, causes of action, claims and actions which may arise out of the Developer's or his employees', agent's or subcontractor's negligence in constructing the facility. 7. The purchase price of the facility will be $161,875.00. The Center agrees to pay the Developer in two Installments. The first installment, in the amount of $25,000, will be paid upon satisfactory completion of the foundation. The second and final Installment will be paid upon completion of all contracted construction in accordance with the attached pl?ns, specifications and addendums. 8. This agreement may be terminated,' ith either party, by the City, if the Center or the Developerfaill'to comply with any rovision contained herein and fall to remedy the noncomplianceithin a reasonabl time after notice is given. 9. If the facility is no completed w hin the time prescribed, except for reasons beyond control of the Developer, the ty may elect to complete the facility on its own and assess the completia costs a ainst the Developer, which costs the Developer agrees to pay. 10. All changes to this agr m nt must be in writing, signed by all parties. IN WITNESS WHEREOF, the Ci as caused this Agreement to be duly executed in its name and Its behalf by Its Mayor an it seal, to be hereunto duly affixed and attested by Its City Clerk, and the Center has c sed this Agreement to be duly executed in its name and its behalf by on this _ day of 1989. By: ATTEST: By: CITY OF IOWA CITY, IOWA DEVELOPER By: N NEIGHBORHOOD CENTER i „ I � i II �i i I i RESOLUTION N0, 89-233 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, IOWA, TO LEASE PROPERTY AT 2105 BROADWAY STREET IN CONJUNCTION WITH THE OPERATION OF A NEIGHBORHOOD CENTER, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, the City believes it would be in the best interests of the public to have a community neighborhood center to provide programs and activities for the public; and WHEREAS, the City has acquired property, located at 2105 Broadway Street, which would make a suitable location for such a neighborhood center; and WHEREAS, the Neighborhood Centers of Johnson County, Iowa, desires to operate a neighborhood center for the benefit of the community; and WHEREAS, the City is in agreement to provide the above -referenced property for such a facility in order to accomplish the above -stated purpose; and WHEREAS, the City and the Neighborhood Centers of Johnson county Iowa, have negotiated terms for a proposed lease agreement for the operation of a community neighborhood center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its intention to enter into a long-term lease agreement with the Neighborhood Centers of Johnson County, Iowa, for the operation of a community neighborhood center on City property located at 2105 Broadway Street. AND BE IT FURTHER RESOLVED: That the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposed herein above set forth. It was moved by Ambrisco and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Balmer X Courtney _x Horowitz X Kubby _ x Larson _x_ McDonald Passed and approved this 19th day of September , 1989. ATTEST:,P. 7Ce4. CITr CLERK U A 04_eo_a� Approved as to Form Legal Department f I_ I I� LI i I� RESOLUTION N0. 89-234 RESOLUTION AUTHORIZING EXECUTION OF A DEBT FORGIVENESS I AMENDMENT TO ANNUAL CONTRIBUTIONS CONTRACT KC9166 BETWEEN THE CiTY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. i WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a debt forgiveness amendment which revises the contract (herein called the "Annual Contribu- tions Contract") with the United States of America (herein called the "Government") with respect to any 'Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is Incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The debt forgiveness amendment in substantially the form hereto attached and marked as "Exhibit A" is hereby approved and accepted both as to form and substance and j the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said amendment In four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and r directed to Impress and attest the official seal of the Local Authority on each such counterpart 0 ' and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may ,I be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the i same, unless the context shall indicate another or different meaning or Intent, shall be construed, and are intended to have meaning as follows: (1) The term "Resolution" shall mean this Resolution. i� I (2) All other terms used in this Resolution and which are defined in the Annual Contribu- tions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract, Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the Issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract are cancelled. Section 4. This Resolution shall take effect immediately upon approval of the amendment by the Government, /G�3o i J i i s t` Resolution No. 89-234 q: }; Page 2 y It was moved by Ambrisco and seconded by Courtney the Resolution be E adopted, and upon roll call there were: AYES: NAYS: ABSENT: - X Ambrisco g Balmer i g Courtney X Horowitz X Larson ubby g LLarson X McDonald Passed and approved this 19th day of September 1989. YOR Approved as to Form A Q' City of Iowa City MEMORANDUM DATE: September 7, 1989 TO: 'Stephen Atkins, City Manager Doug Boothroy, Director, HIS Legal Department FROM: Lyle G. Seydel, Housing Coordinator 4441Z& SUBJECT: Public Housing ACC Amendment I. HUD is proposing an amendment to Annual Contributions Contract (ACC) KC9166. This Contract consolidated three Public Housing Projects of 32, 20 and 10 units under one Contract. Initial date of the Consolidated ACC was October 18, 1985. The ACC was amended February 29, 1988. 2. The ACC provided for the payment of principal, interest and debt service on the money utilized to purchase the units up to but not exceeding Actual Development Costs. Certified and approved Actual Development Costs are as follows: a. 03 - $1,645,945.48 b. 04 - $1,036,330.40 c. 05 - 543,849.29 TOTAL - $3,226,125.17 3. The Housing and Community Development Reconciliation Amendments of 1985 provided that each loan made by the Government that has any principal amount outstanding or any interest amount outstanding or accrued that is repayable from debt service annual contributions shall be forgiven and any promise to repay principal and interest in a loan contract shall be cancelled. It has taken HUD this long to iron out the implementation of the 1985 Act. 4. The proposed Amendment does just that. It forgives the principal balance and interest due on our three Projects. Those amounts last reported are: Project H Principal Balance Interest Total Balance 03 $1,520,514.95 $455,466.51 $1,975,981.46 04 $ 940,142.29 $262,782.70 $1,202,924.99 05 $ 543,849.29 $177,283.64 $ 721,132.93 TOTAL $3,004,506.53 $895,532.85 $3,900,039.38 5. All other provisions of the ACC remain unchanged. i' II I I II I Al 1 F Page 2 Public Housing ACC Amendment September 7, 1989 6. Bottom line - In the past any "Residual Receipts" generated during a fiscal year were returned to HUD. The Iowa City Housing Authority has returned the following amounts: FY 83 $10,502.00 FY 84 $26,584.16 FY 85 $15,191.12 FY 86 None FY 87 $15,351.17 FY 88 $ 3,759.08 d FY 89 $ 7,494.00 TOTAL $78,8B1.53 With this proposed amendment Residual Receipts are retained by the PHA in a new account - "Reserve for Replacement". Complete guidelines for this accounting and utilization of the funds are not yet available. 7. Please review the Amendment and the Resolution adopting the Amendment. This will be on Council Agenda for September 19, 1989. LGS/vls/wp/DFA f? , i 4