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.
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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
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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
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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.
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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
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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
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