Loading...
HomeMy WebLinkAbout1988-06-14 Ordinancei OW104CE NO. 88-3381 AN ORDINANCE TO NeD TIE SUBOIVISICN REGLLATIONS TO PERMIT A WAIVER OF CERTAIN RE(OIW1U1lS NO CORRECT AN ERROR IN SECTION 32-7, EXCEPTIONS. WrEREAS, the subdivision regulations for the City of Iowa City allow waivers of the general requirements of the Code under certain circum- stances; and WrEREAS, the section enabling such waivers refers to Article II of the Code, Plats; and WHfJEAS, said reference should be to Article III of the Code, Standards and Specifications; and WFEREA.S, there are areas within Iowa City that contain topographic and natural features that war- rant preservation and extraordinary care in subdivi- sion design. NOW, THEREFORE, [E IT OROAIDEO BY THE CITY CCUNCIL OF IDA CITY, IOWA, THAT: SECTION I. MENU ENTS. A,on - a is a eted and the following is inserted in Neu thereof: (a) Modifications of REquirements. upon recamendation of the Planning and Zoning Commission, or if it deem such action to be appropriate, the City Council may vary, modify, or waive the require- ments of Article III of this Chapter under the following circurstances: (1) where, in the case of a particular proposedreof can showor aie n thatstrict with the requirements of Article III of this chapter would result in ex- traordinary hardship to the subdivider because of unusual topography, exces- sive costs, or other such non -self- inflicted conditions our that these conditions would result in inhibiting the achievwent of the objectives of these regulations; or (2) where it can be sham that strict carpliance with Article III would result in poor subdivision design our could result in the substantial degra- dation of natural features. Any action to vary, modify, or waive a requirement rust assure that the public interest is secured and that such vari- ance, modification, or waiver will not have the effect of nullifying the intent or purposes of this Chapter. Ordinance No. 88-3381 Page 2 B. Section 32-26 is deleted and the following is inserted in lieu thereof: Submission Required; Waiver (a) Whenever the avmer of any tract or parcel of land within the corporate limits of the city or within two (2) miles thereof wishes to make a subdi- vision ubdivision of the sane, he shall submit to the clerk fourteen (14) copies of a preliminary plat for approval. (b) The Council may Naive submission of the preliminary plat if the final plat includes those requirements of the preliminary plat as Trey be deened appropriate by the Council. under the circumstances. SECTION II. REPEALER: All ordinances and parts of o finances in con i with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or pa o isOrdinance shall be ad- judged to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION IV. EFFECTIVE DATE: This Ordinance shall in effect a s dna passage, approval and publication as required by law. Passed and approvedAs 14th da of June, 1 8. w MAY 'R ATTEST: CITY CLERK Approved as to Form a � t yY Lejal DeparUmt gs8 9 It was moved by Ambrisco and seconded by Dickson that the Ordinance as rea e a op e , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney % Dickson X Horowitz _XL_ X X Larson X McDonald X Strait First Consideration --------- Vote for passage: Second Consideration 5/17/88 Vote for passage: Date published 6/22/88 N Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considered and voted on j for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: Courtney, Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: None. i X58 ORDINANCE NO. AN ORDINANCE A MING CMPTFR 17 OF TIE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IM. BE IT ORMINEO BY TIE CITY COLOCIL OF THE CITY OF i IOWA CM, IOWA, THAT: SE ON I. PURPOSE. The purpose of these anand- ment is to a vmnate the exep ion of certain coed ' iun and cooperative units from inspection, to auth ize reinspection fees, to authorize filing i fees for usirg appeals, to authorize an addition 1 + reredy for he correction of housing violations, make certa housing requirerrmts are cons* ent i with the bui irg and zoning codes, and to arify Illlj certain other fisting procedures. SECTION II. Chapter 17 of t Code of finances of t ity of Iowa City, I , is hereby arended as foll 1. Section 17-1.b is hereby repo ed and substi- tuted in its pl ce is the foll 'rig new Section 17-1(b): (b) Carpliance th state ode. The City, in compliance 'th th requirements of the Cade of I 364 7, hereby adopts the "Housing quali y tandards" promulgated by the thited Sta s Deparhrrent of Housing R Urban Develo t (24 C.F.R. Section 8B2.109(a) h (1), the latest version being dat Dec 17, 1979) as the adopted el Hou irg Code for the City. The Cit has in ted the (Tbusing Qual- ity S andards) in tions 17-1 through 17-8 f the Housirgwhich provisions, to be enforced by the City, are as s irgent as, or more s rin ent than, those the model Housing Cod as adapted. 2. Sec on 17-3.(b)(1)a. is h y repealed and su tituted in its place is following new tion 17-3.(b)(1)a: Inspections of aver -occupied rgle-family dwellings shall occur only upon'request or complaint to the inspector and only the standards of Section 17-5, 17-7 and '17-8 shall be applicable. 3. Section 17-3.(b)(1)b. is hereby repealed and substituted in its place is the following new Section 17-3.(b)(1)b: (b) Inspections of ower -occupied single-family dwellings containing a family and the neber of priors allawW by the Iom City Zoning Ordinance shall occur only upon request or cmplaint to the inspector and the standards of Section 17-5, 17-7 and 17-8 shall be applicable. EI w 0 I ordinance No. Page 2 4. Section 17-3.(b)(3) is hereby repealed and substituted in its place is the following new Section 17-3.(b)(3): (3) Maintenance inspections. Inspections of the provisions of section 17-7 of the housing code shall be conducted upon re- quest, on a corplaint basis, and/or through a program of regular rental inspecti9ns in which regular inspections shall be con- ducted as determined by resoluti of the city council but shall not b�onducted e frequently than yearly nor less fre- ently than as follows: t tiple dvellirg units.... .. Every 2 yrs ncludingomdoninimm and oocpa'atives in ich one or nue rectal units are 1 .) Rnani house..................Every 2 yrs Duplex .......................Every 3 yrs (Incl ing nuns and cooperatives in Ai are wore rental units are located.) Single-fam ly rental dellings..Every 4 Yrs 5. Sectin 17-3.(i ) is hereby repealed and substituted in is place is the follavirg new Section 17-3.(' (1): (1) The ho ng is board, upon receipt of an a 1 request and payment of the filing fee ished resolution of the Iowa City ity Cantil, hall set a time and a pla for the heari The applicant shall be advised, in writi of such time and p ace at least seven ( days prior to the ate of the hearing. led and substi- 6. Sect on 17-3.(k) is hereby reps tut in its place is the foll ng new Section 17 3.(k): () Placarding Procedures. M dwelling, dwelling unit, or roaring unit which is food to be so damaged, decayed, dilapi- dated, unsanitary, unsafe, or vein-in- fested that it creates a hazard tb the health or safety of the occupants or 0�4 public shall be determined to be unfit fur huran habitation and shall be so designated, and placarded by the Director. 7 oils rebs the following aled and substi- tutednits place iowing new Section L 17-3.(r): (r) Penalty. Any violation of this Chapter shall be considered a misderewor or mr- nicipal infraction as provided for under Chapter 1 of the Code of ordinances of Iowa city. I WE ■ Ordinance No. Page 3 8. Section 17-3.(t) is hereby repealed and substi- tuted in its place is the follaving new Section 17-3.(t): (t) Other renedies. If other to obtain cmp ante have failed, the Director my to have the work done as necessary remedy a violation, the Dost of vinirh shall be assessed to the violator and itute a lien on the property until id. No provisions or section of this apter shall in any ray limi any other ies available under the isions of th Housing Code or any oth applicable law 9. Section 1 -3.(u) is a new sectio to be added: (u) Fees. The Depa'bEnt of ing & Inspec- tion ices is 'zed to assess permit and reinspection , the Mints of soh shall be set resolution of the City fl. 10. Section 17-4.( ) is hereby epealed and substi- tuted in its p ce is the ollowing new Section 17-4.(h): (h) Issuance of a Hen 1 Permit. When all provisions o Sec on 17-7 of the Housing code have c lied with by the owner or operator, Departnent of Housing & Inspection ces shall issue a rental permit upon t of all permit and reinspection the amounts of Which will be se by solution of the City Council. 11. Section 17-5.( (2)a. i hereby repealed and substituted in its place is the following new Section 17-5. )(2)a: a. Handrail - All stairva comprised of four (4) or risers shall provided with a subst ial and safe ha rail. New cor- a Ienodeling shall comply with the City Building Code. \ 12. Section 17-5.(i)(2)b. is hereby repealed and substi ed in its place is the following new Se:ti 17-5.(i)(2)b: b. ardrails - all unenclosed floor\and roof openings, open and glazed sides of landings and ramps, balconies or porches With are more than thirty (30) inches above grade or above the floor below or any roof used for any other service of the building shall be protected by a substantial and safe guard- rail. New construction or remodeling shall comply with the Ioo City Building Cade. ON 9 Ordinance W. Page 4 13. Section 17-5.(j)(1). is hereby repealed and substituted in its place is the following new Section 17-5.(j)(1): (1) Every habitable roan except a kitchen shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room except the kitchen, shall have at least eight (8) percent of the floor area of such roan or that arount of window and/or sky- light area specified by the Iae City Building Cade. 14. Sect pn 17-5.(1)(5). is hereby repealed and substi uted in its place is the following new Sectio 17-5.(1)(5): (5) Ev y steam or hot water boiler and every We heater shall be protected against over ating by approp//date pressure and terpe ture limit conVols. Such controls shall a proper y installed extension Pipe the tOPErabse control valve. 15. Section 17-5.(n)(1) . is hereby repealed and substituted i its place is the following new Section 17-5.( ( a: a. Every dwellg unit shall contain at least one twenty (110) sure feet of habitable space for the first occupant thereof and t least one hundred (100) additio al squ re feet of habitable floor space for ery additional occupant then f. 16. Section/ 7-5.(0) is a ew section to be added. (o) Fjre Prutwtion Egiiprert. All fire ;Ai Wishers and evly warning fire pro- tection system sha' 1 be prrpaly installed /mcarding to the I City Fire Cade. 17. SeGicon 17-7.(i) is hereb repealed ad substi- tyted in its place is the allowing new Section Y7.(i): (i) Electrical System. Th electrical system of every dwelling or a essory structure shall rot by reason of ov loading, dilapi- dation; lack of insulation, improper fusing or any other cause, expo occupants to hazard of electrical shack or fire and every electrical outlet, swit h, and fix- ture shall be ceplete as noWacGred and maintained in good and safe working condi- tion. I Ordinance No. Page 5 18. Section 17-7.(1) is hereby repealed and substi- tuted in its place is the following new Section 17-7. (1) Maintenance of Heating and Supplied Cooling Equipment. The heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heating all habitable roans, bathrooms and toilet roars located therein ;to a mininun terperature required by this Cale. owever, heating and cooling equipment hall not be required to be mairptained in operational condition during t�at time of year when said equipoent is Jot normally used. ib anbnstible 'al shall be slued within three feet of a fuel burning and/or fuel bumi mita heats. 19. Section 1 -7.(q) is hereby lad and substi- tuted in is place is the fo awing new Section 17-7. (q): (q) Fire rotection E pnent. All fire extingu'shers and a ly warning fire pro- tection stems sh 1 be maintained in good working aditi at all times. Fire extinPi 1 be mounted and meet the requi of the Ime City Fire Code. 20. Section 17-7.(v) i hereby repealed and substi- tuted in its plat is the following new Section 17-7.(v): (v) Maintenanc o exterior areas. Every amer or opera r 11 be responsible for main- taining the or aeas in a safe, clean, sani , condition. 21. Section 17 -(Y) is he repealed and substi- tuted in is place is th following new Section 17-7. (y) (y) Oc upancy Control. () A dwelling unit 11 not be occupied by a nmba of than allawed by the Iowa City Zoning Ordi- nance. (2) No roan shall be used as a habitable rami unless certified as a habitable roan at the time the Certificate of Strucdae Conpliaroe is issued. 22 Section 17-8.(e) is hereby repealed and substi- tuted in its place is the following new'Section 17-8. (e): (e) Use and Operation of Supplied Heating Facilities. Every occupant of a dwelling unit or roaming unit shall be responsible for the exercise of reasonable care, proper use and proper operation of supplied heat- ing facilities. No combustible material 9 Ordinance No. Page 6 shall be stared within three feet of a fuel burning furnace and/or fuel burning water heater. 23. Section 17-8.(i) is hereby repealed and substi- tuted in its place is the following new Section 17-8. (i): (i) Occupancyy Control. (1) A drellinrg unit shall not be occupied by a nater of persons greater than allacd by the Iowa City Zoning Ordi- nance. () No rmn shall be used 4/a habitable roan unless certified a habitable rnan at the tice the�Cetifioate of Structure CMPliance s issued. 24. 17-8.(j). is a new section toe added. j. Fire ion Equi All fire eutingu'shers and mrd warning fire protec- tion s shall mintaired in goad working 'tion at all tiioes. Fire actinyai sha be mounted and ceet the requi of Iawa City Fire Cade. 25. Section 17-9. is eby repealed. SECTION III. PEPEALE All ordinances and parts of inances in con with the provision of this Ordinance are her led. SECTION IV. SE ILI If an section, provi- sion or par' a o e m ce shall be adjudged to be invalid or unconstituti al, such adjudication shall not aff t the validity of the Ordinance as a whole or any section, provisi or part thereof not adjudged in lid or unconstituti _1. SECTION V. EFFECTIVE DATE. This Qrdinance shall be in 7efecy after r inal passa\approval and pjbliration as required by law. Pass and approved this CITY CLEW APPHOyEDZA W1 PFRMI LEGAL DEPARTMENT 89�