HomeMy WebLinkAbout1988-06-28 OrdinanceORDINANCE NO.
ORDINANCE VACATING A PORTION OF BLOOMINGTON AND
CAPITOL STREETS.
MERFAS, the City of Iowa City and the Univer-
sity of Iowa have agreed to jointly develop a park-
ing facility, a water storage tank, and a chiller
plant on Block 100, Original Town; and
WEREAS, construction of this project will
require the vacation of a strip along Capitol Street
for actual placement of the facility and vacation of
a portion of Bloomington Street to facilitate pedes-
trian traffic and underground utilities for the
joint facility; and
MEREM, the properties abutting these rights-
of-way are ownai by the University of Iowa and
access to any private property will not be dimin-
ished by vacation of said portions of said streets.
NOW, 1IEREFOfE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY:
SECTION I. VACATION. That the City of Iowa
Citye y vT— acre6 aEes t e portions of Bloomington
and Capitol streets legally described below:
All that part of Bloomington Street right-of-
way frau the east lot line of Lot 6, Block 100,
Original Tam to the west right-of-way line of
Capitol Street. Also, the west 10 feet of the
Capitol Street right-of-way; and,
The east 10 feet of the west 20 feet of Capitol
Street from the south right-of-way line of
Davenport Street extended to the center of the
Bloomington Street right-of-way. This
described 10 feet lies to the east of the 10
feet in width vacated by Ordinance No. 56-(535)
Section 9.
SECTION II. REPEALER: All ordinances and
parts-o-F-w-UTn-a-nc-es-Tn--co-nTlict with the provision
of this ordinance are hereby repealed.
SECTIO14 III. SEVERABILITY: If any section,
prowis on or pa o e Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE BATE: This Ordinance
shall be in effect after its final passage, approval
and publication as required by law.
Passed and approved this
ATTEST:
CITY CLERK
Appr v
Legal Department
957
It was moved by and seconded by that
the Ordinance as rea e a op e , and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
I
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STAFF REPORT
To: Planning & Zoning Commission
Item: V-8801. Vacation of a Portion
of Capitol & Bloomington
Streets.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
ANALYSIS:
Prepared by: Karin Franklin
Date: May 19, 1988
City of Iowa City
Vacation of a portion of
Capitol and Bloomington
Streets.
To convey said right-of-way to
the University of Iowa for
construction of a University
parking ramp and chilled water
facility and a City -owned water
tank.
Ten feet along the west right-
of-way line of Capitol Street
between Davenport and Blooming-
ton Streets and all of
Bloomington Street between the
west right-of-way line of
Capitol Street to mid -block
between Capitol and Madison
Streets.
3,600 square feet and 13,600
square feet, respectively.
The City of Iowa City and the University of Iowa have agreed that mutual
need for additional storage for potable water, a parking facility and a
chiller plant are best provided through a facility incorporating all three
projects on land owned by the University and right-of-way owned by the
City near the City's water treatment plant on Madison Street. The
facility will be funded by the City and the University and operated by the
University.
The right-of-way shown on the attached plats is needed for construction of
the project. Upon vacation, the right-of-way described will be conveyed
to the University. Only University property abuts the right-of-way; no
private property access is diminished by the vacation.
STAFF RECOMMENDATION:
The staff recommends that the right-of-way described an the attached plats
labeled Exhibit I and II be vacated.
9s7
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Page 2
ATTACHMENTS:
1. Exhibit I and II.
Approved by:
Do ald S hmeiser, Director
Department of Planning and
Program Development
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EXHIBIT 1
Vacation of Additional 30' of Capitol Street
The east 10 foot, of the west 20 feet from the south right-
of-way line of Davenport Street extended to the center of
the Bloomington Street right-of-way. This described 10 feet
lies to the east of the 10 feet in width vacated by
Ordinance 156-15351 Section 9.
A PI.A'I' VACNI'IIIC A 11181'11111111''1111' 61111111 1i1PHIII. SIMAN' R.O.W.
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EXHIBIT 11
Bloomington Street Vacation
All that part of Bloomington Street right-of-way from the east
lot line of Lot 6 Block 100 Original Town to the west right-of-
way line of Capitol Street. Also, the west 10 feet of the
Capitol Street right-of-way.
A PIAT' VAO1HIA: A IUM ]ON 01: MSI' IIL MINO1011 SIIOiIiI'
957
9
CFOIWICEHp, 88-3383
OROIWNCE TO MM THE RNING Oi4)IWVCE PFOVISID S
APPLICABLE TO NIG RISE MJLTI-FAMILY UiEi.I.IN S
WfRFAS, it is in the public interest to promote
the construction of high density high-rise, mdti-
family dwellings in the FE -145 zone; and
W fAS, oder the Uniform Building Code,
buildings exceeding 50 feet in height mut be
constructed of steel and concrete, rather than wood
fram construction, and economic considerations
presently preclude the construction of high-rise,
multi -family dwellings meeting those standards,
thereby resulting in a lesser density of chelapnenrt
in areas where high density developrent is
NOMI, 11fREFORE, BE IT OMAINED B1 TIE CITY
CaMIL OF RE CITY OF IGA CITY, IC114:
SECTION I. cif. That Chapter 36 of the Code
of Ordinances of the City of Iowa City, Iawa, is
hereby mended as follows:
A. Sections 36-4(d)(12), 36-4(g)(3), and 36-
4(s)(7) are hereby deleted and the folloring
inserted in lieu thereof:
(d)(12) Dwelling, high-rise multi -family. A
multi -family dwelling consisting of
three (3) or more stories of dwelling
units with a total of four (4) or ore
stories located entirely above grade.
(g)(3) Grade. The top surface elevation of
lavas, valks, drives, or other
improved surfaces after completion of
construction or grading and landscap-
ing. For the purposes of determining
height of a building, the gads is the
average level at the perimeter of the
exterior walls of the building.
(s)(7) Story. The portion of a building
included between the upper surface of
any floor and the upper Arface of the
floor next above, except that the
topmost story shall be that habitable
portion of a building included between
the upper surface of the tcpmst Floor
and the ceiling above.
B. Sections 36-15(e)(2) and 36-15(e)(5) are he*
deleted and the following inserted in lieu
thereof:
(e)(2) Minimum lot area per unit: Now.
(e)(5) Mininunyards:
Front - For high-rise dwellings, 0
feet; 20 feet for all other uses.
Side - For high-rise dwellings, 5
feet or 0 feet for the side of a
building having a wall without winders
M
Ordinance No. 88-3383
Page 2
facing the side yard; 5 feet for all
other uses.
Rear - For high-rise dell Ings, 5
feet or 0 feet for the side of a
building having a wall without wirdme
facing the rear yard; 20 feet for all
other uses.
SECTION III. REPEALER: All ordinances and pats of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section, provi-
sion or part of the Ordinm shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof rot
adjudged invalid or unconstitutional.
SECTIM V. EFFECTIVE DATE: This Ondirece shall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this 28th day of June,
1 8.
AYD<t
/i..
MENEWM oT
Approved as to Form
0 11r
L Tk9 11partm t
9Ga
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It was moved by Courtney and seconded by Ambrisco that
the Ordinance as reamsadopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
Horowitz
Larson
x_ McDonald
X Strait
First Consideration -------
Vote for passage:
Second Consideration 6/14/88
Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait,
Ambrisco, Courtney, Dickson. Nays: None. Absent: None.
Date published 7/13/88
Moved by Courtney, seconded by Dickson, that the rule
requiring ordinances to be considered and voted on
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: Dickson, Horowitz, Larson, McDonald, Strait,
Ambrisco, Courtney. Nays: None. Absent: None.
y(�o
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City of Iowa City
MEMORANDUM
DATE: June 23, 1988
TO: Ci ou
FROM:' Dona ser, PPD Director
R E : High-Ris Apartment Buildings
At the last City Council meeting, there were a number of
questions concerning high-rise development. Attached is
a memorandum which was included in your packet several
weeks ago that hopefully will answer many of those ques-
tions.
If prior to the next Council meeting you have additional
questions or comments, please do not hesitate to contact
me at 356-5232.
f
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940
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City of Iowa City
7 - MEMORANDUM
Date: April 15, 1988
To: Plpanin ing Commission
From: Don\ Sc / i' Director, Planning & Program Development
Re: High Rise Development
Since 1961 and before, high density residential development close to the
University campus area has been a major concern. In the "Land Use and
Zoning" report of the 1961 Comprehensive Plan, it was stated (p. 17):
"One of the major difficulties in the zoning plan will be to set aside
close in land with adequate area to provide for the relatively large
amount of multiple dwelling property that will be needed to serve the
future university enrollment." Consequently, land, particularly north and
south of the University campus area, was zoned R3 -B to allow for high
rise, high density residential development.
The Comprehensive Plan Update of 1983 reiterates similar statements made
in the "Housing Market Analysis" report developed by the Department of
Planning and Program Development in 1982, accordingly:
"Because of the location of the University of Iowa and the
hospitals, there will continue to be a demand for multi -family
units in the central city... The greatest demand for these
apartments is within one mile of Old Capitol where the least
vacant land is available. It is clear, therefore, that there is
insufficient land zoned for multi -family construction in the
central city area if the future demand is to be met."
Much of the same area that was previously zoned R3 -B was zoned RM -145, the
High Rise Multi -Family Residential Zone, in 1983 -to permit high rise, high
density residential development.
While it has been recognized that high density residential development in
strategic locations close to the University campus area is important from
a convenience standpoint, it is also important for additional reasons. In
particular, locating high density residential development close to campus
preserves much of the older established lower density residential area
further out from being eroded by the negative externalities of the newer
development. It also provides an immediate high density trade area for
support of retail and service uses in the downtown area. Indeed, given
the relatively slow rate of population expansion in Johnson County and
especially in Iowa City, it's conceivable that expansion of the retail
floor space in the downtown area would not occur at all if not for the
penetration of the downtown and its fringe area with a high density of
persons living and working there.
When the high density, high rise residential standards of the RM -145 Zone
were developed, a high rise apartment building was defined as "a multi-
family dwelling exceeding three (3) stories in height." A basement which
has three and one-half feet of its floor -to -ceiling height above grade was
M10
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OPDIW E M. 88-3384
AN ORDINANCE MING CHAPTER 32.1 OF TIE IOWA CODE OF
OWINANCES OF TE CITY OF IOIYA CITY, EITTITLED "TAXATION
AND REVERES", BY ADDING TWETO A NEW ARTICLE TD BE
CODIFIED AS ARTICLE V APD TO BE ENTITLED 'MUNICIPAL BOM
FINANCING," M PROVIDE A PROCEDURE FOR ISSUING DUPLICATE
BONDS FOR LOST OR STOLEN BONDS.
BE IT ORDAINED BY THE CITY COLNCIL OF TIE CITY OF IOWA
CITY, [O1J11:
SECTION I. That Chapter 32.1 of the Code of Drdi-
nances�City of Iowa City, Iowa, entitled "Taxation
and Revenues", be, and the sane is hereby amnded by
adding thereto the following new article to be codified as
Article V, entitled 'Municipal Bond Financing", to read as
follows:
Article V
Municipal Band Financing"
Section 32.1-74-32.1-99. Reserved.
Section 32.1-100, Lost or stolen bonds - claim for
payment - proof of ownership - indamity bond.
In the event of claim node for payment of the
principal of or interest on bads issued by the City,
the Director of Finance shall by provided with satis-
factory evidence of proof of ownership and of loss of
said bonds or coupons and shall require the filing
with the Director of Finance of a satisfactory indao-
nity bond of a surety acceptable to the Director of
Finance, indemnifying the City in the event any or all
of the original bonds or coupons are inadvertently
Paid or presented for payment by a bona fide holder in
due course.
Section 32.1-101. Issuance of delicate bands - city
reimbursed for actual expenses.
Llpon receipt of such proof of ownership, loss, and
indannity, bond, the Controller is authorized to pro-
ceed with the printing of delicate bads or coupons
and shall charge for the issuance of the duplicate
bonds and coupons any amount sufficient to reiaburse
the City for the actual expanse incurred by it in
ccmection with the issuance thereof. The City offi-
cials designated are authorized to execute the dupli-
cate bonds and capons in the same memer as provided
with respect to the original bonds.
Section 32.1-102. Duplicate bads substitute for
original issue bonds.
Duplicate bonds and capons of like tenor, amount,
date and maturity shall be deemed to be issued in lieu
of and in substitution for each of the bonds or cou-
pons so nunbered of the original issue and shall be so
rated on the books of the City kept for that purpose.
Ordinance No. 88-3384
Page 2
Section 32.1-103. Inadvertent payment of original bads -
erforcenent of indemity bad.
In the event any or all of the original bads or
coupons shall be inadvertently or for any reason paid
by the City or presented for payment by a bona fide
holder in due course, or if the City shall incur any
,?4wse or liability by reason of refusing to honor
the original bonds or coupons, the indemity, bond on
file shall be imnediacely enforced.
SECTION II. ScVERABILITY. If any of the provisions
of this Ordinance are for any reason declared illegal or
void, then the lawful provisions of this Ordinance, which
are severable from said unlawful provisions, shall be and
ronin in full force and effect, the sane as if the Ordi-
nance contained no illegal or void provisions.
SECTION III. REPEATER. All ordinances and parts of
ordinances In conflict with the provision of this ordi-
nance are hereby repealed.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be
in full force and effect frau and after its final passage
and publication as by law provided.
Passed and approved this 28th day of June, 1988.
f�
M4YOR
as
4Meh>F
999
6
It was moved by Courtney and seconded by Horowitz that
the Ordinance as rea e a op e , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
_ X Dickson
X Horowitz
X Larson
X McDonald
X Strait
First Consideration ------
Vote for passage:
Second Consideration 6/14/88
Vote for passage: Ayes: Horowitz, Larson, McDonald, Strait,
Ambrisco, Courtney, Dickson. Nays: None. Absent: None.
6
Date published 7/13%98
Moved by Courtney, seconded by Horowitz, that the rule
requiring ordinances to be considered and voted on 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: Dickson, Horowitz,
Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None.
Absent: None.
ORDINANCE NO. 88-3385
AN ORDINANCE WENDING DOPIER 17 OF THE CODE OF
ONDINANCES OF THE CITY OF IOWA CITY, ICWA, (1) 8Y
REPEALING SECTIONS 17-1, 17-3, 17-4, 17-5, 17-7 AND
17-8, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO
BE CODIFIED THE WE, PROVIDING FOR THE ELIMIWITICN
OF THE EXEAWION OF CERTAIN OO DCNINIU 4 AND OOOPERA-
i� TIVE UNITS FROM INSPECTION, TO AUTHORIZE REINSPEC-
TION FEES IND FILING FEES FOR HOMING APPEALS, AS
i SET BY RESOLUTION, TO A111HDRIZE AN ADDMCNA . RKOY
FOR THE CCRRECTICN OF MING VIOLATIONS, TO ENSURE
1HAT CERTAIN HOMING REQUIREMENTS ARE MNSI9W
WITH CURRENT BUILDING AND ZQ1RG CODES, HYD To
f CLARIFY CERTAIN OTHER EXISTING PROCEDURES.
BE IT ORd1INID BY THE CITY MICIL OF THE CITY OF
IOWA CITY, IM:
SECTION 1, That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
sane is hereby amended by repealing Section 17-1(b)
thereof, and enacting in lieu thereof a new section
to be codified the sare to read as follows:
(b) Compliance with state code. The City, in
camplianrce with the requirements of the Coo of
Iona MAX, hereby adopts the Decarber 17,
1979, version of the "Housing Quality Stan-
dards" promulgated by the United States
Deparbnent of Housing 8 Urban Developrent (24
C.F.R. Section 882.109(a) through (1), as the
adopted model Housing Code for the City. The
City has integrated the (Housing Quality
Stallard) in Sections 17-1 through 17-8 of the
Housing Code which provisions, to be enforced
by the City, are as stringent as, or more
stringent than, those in the nudel Housing Cade
as adopted.
SECTICN 2. That Chapter 17 of the Code of Odi-
nances of the City of Iowa City, Ioa, be, and the
sore is hereby wended by repealing Section 17-3(b)
thereof, and enacting in lieu thereof a new section
to be codified the saw to read as follows:
(b) Inspections.
(1) Inspection of mw -occupied, single-family
dwellings. Inspections of mwrrer-ompied,
single-family dwellings shall occur only upon
request or conplaint to the inspector and only
the standards of Section 17-5, 17-7 and 17-8
shall be applicable.
(2) Inspections of structure iters. The pmdsioms
of Sections 17-5 and 17-6 in effect at the tim
of issuance of a certificate of structure
canpliace shall be the only structure stan-
dards applicable to a dwelling. Upon the
issuance of a certificate of stnxture
conpliarce, there shall be no further inspec-
tion and enforeamrt of the structure iterm
Ordinance No. 88-3385
Page 2
under Sections 17-5 and 17-6 of the housing
code.
(3) Maintenance inspections. Inspections of the
provisions of Section 17.7 of the housing code
shall be conducted upon request, on a conplaint
basis, and/or through a program of regular
rental inspections in which regular inspections
shall be conducted as determined by resolution
of the city council but shall not be conducted
more frequently than yearly nor less fregehtly
than as follows:
Multiple dwelling units ........... Every 2 yrs
(Including vin I nius and cooperatives in
which ane a mune rental units are located.)
Poaninghouse .....................Every 2 yrs
Duplexes..........................Every 3 yrs
(Including our I nius ad coopeatives in
►hick ore or umre rental units are located.)
Single-family rental dwellings.... Every 4 yrs
SECTION 3. That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
same is hereby amended by repealing Section 17-3(1)
thereof, and evicting in lieu thereof a new section
to be codified the same to read as follows:
(i) Appeals bond pratedres.
(1) The housing
receipt
reqestand pawt of the fiing fee as
established by resolution of the Ione City City
Cantil, shall set a tion and a place for the
hearing. The applicant shall be advised, in
writing, of such time and place at least seven
(7) days prior to the date of the hearing.
(2) At such a hearing the applicant shall have an
opportunity to be heard and to show wase as to
vky ado notice or order should be modified,
extended, revoked or wily a variance should be
(3) Thhee housing appeals board, by a majority vote,
togra ntorsustain, modify,
a v�arianxe. extend or revoke a notice
(4) The t variances
or extensions off time to mals board ke repairs. In the
event that an extension anWor variance is
granted, the board shall observe the following
corditims:
a. In lieu of or in addition to administra-
tive extensims, the housirg appeals board
may grant an extension or extensions of
time for the compliance of any order or
notice provided that the board nukes
specific firdings of fact based on
evidence relatirg to the following:
1. That there are practical difficulties
or unnecessary hardships in carrying
Ordinance No. 88-3385
Page 3
out the strict letter of any notice
or order; and
2. That such an extension is in hammy
with the general purpose and intent
of this chapter in securing the
public health, safety and general
rel fare.
b. Except oder extraordinary cir ntances,
the extension or sum of extensions shall
not exceed eighteen (18) months.
C. The housing appeals board may grant a
variance in a specific case and frau a
specific provision of this chapter subject
to appropriate conditions; and provided
the board rakes specific findings of fact
based on the evidence presented on the
record as a whale, and related to the
following:
1. That there are practical difficulties
or unnecessary hardships in carrying
out a strict letter of any notice or
order; and
2. That due to the particular ciram-
stances presented, the effect of the
application of the provisions would
be arbitrary in the specific case;
and
3. That an extension would not consti-
tute an appropriate renedy for these
practical difficulties or unnecessary
hardships in this arbitrary effect;
and
4. That such variance is in hams with
the general purpose and intent of
this chapter in securing the public
health, safety and general welfare.
d. Upon appeal, or by petition, the housing
appeals board shall consider the adoption
of a general variance. The housing
appeals board by a .majority vote may
establish a general variance for existing
structures which cannot practicably meet
the standards of the Code. Prior to
considering any general variance, public
notice shall be given. A general
variance, if granted, shall:
1. State in what manner the variance
from the specific provision(s) is to
be allowed; and
2. State the conditions oder which the
variance is to be nhade; and
3. Be based upon specific firdirgs of
fact based on evidence related to the
following:
9
ordinance No. 88-3385
Page 4
(a) That there are practical
difficulties or unecessary
hardships in carrying out the
strict letter of the specific
provision, comm to dwellings,
dwelling units or rooming units
to which the variance will
apply; and
(b) That such variance is in harnory
with the general purpose and
f intent of this ordinance in
securing the public health,
safety and general welfare.
The effective date of the variance shall
be thirty (30) days after notification to
the city council unless vetoed by an
extraordinary majority of the city muril
u during said thirty -day period.
SECTION 4. That Chapter 17 of the Code of Ordi-
nances of the City of fora City, Iowa, be, and the
sere is hereby smell. by repealing Section 17-3(k)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
(k) Placarding Procedures. Any dwelling, dwelling
r unit, or rooming unit which is found to be so
F damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin -infested that it creates a
hazard to the health or safety of the omparts
i or of the public shall be determined to be
!' unfit for human habitation and shall be so
designated and placarded by the Director.
SECTION . That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Ias, be, and the
same is hereby amrerded by repealing Section 17-3(r)
thereof, and enacting in lieu thereof a new section
i to be codified the sare to read as follows:
i (r) Penalty. hly violation of this Chapter shall
be considered a misdmearar ar wicipal
infraction as provided for oder Chapter 1 of
the Cade of Ordinances of Iowa City.
SECTIO 6. That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Tmwa, be, and the
sane is hereby ameded by repealing Section 17-3(t)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
i (t) Other remedies. If other mnethods to obtain
compliance have failed, the Directs away
contract to have the wok doe as necessary to
reueuty a violation, the cost of which shall be
assessed to the violator ad canstibude a lien
on the properfy until paid. No provisions or
section of this Chapter shall in any way limit
any other remedies available oder the provi-
sions of the Housing Code or any other appli-
cable law.
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999
ordinance No. 88-3385
Page 5
SECTIUI 7. That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
same is hereby mended by adding thereto the
following new section as Section 17-3(u), entitled
"Fees," as follows:
(u) Fees. The Dkparbnaht of housing d Inspection
Services is autfnrired to assess permit aid
reinspection fees, the amounts of which shall
be established by resolution of the Ime City
city Council.
SECTICN 8. That Chapter 17 of the Cade of Ordi-
nances of the City of Iowa City, Iowa, be, and the
same is hereby amerded by repealing Section 17-4(f)
thereof, and enacting in lieu thereof a new section
to be codified the sane to read as follows:
(f) Rental permit. A rental permit shall be a
docuirent indicating cmpliance with Section 17-
7 of the haling code at the tine of issuance
and shall be valid for a specified period of
tine. The document shall be transferable fran
ore owner or operator to another at any tine
prior to its eViration, termination, or
revocation. The owner or operator shall notify
the departent of haling and inspection
services of any charge of interest or eWershdp
in the property within thirty (30) days of any
conveyance or transfer of interest affecting
the property and provide the nme and address
of all persons who have acquired an interest
therein. In the event that the departrent of
housing and inspection services has not been
notified of such conveyance or transfer within
the designated period of titre, the rental
permit shall be transferred fran one owner or
tor to another
ttherearouht of hutch "I I be establis by
resolution of tie Iasi City City oancil, whhh
shall be assessed to the new neer or qmtm.
The rental permit shall state the date of
issuance, the address of the stnctre to vhich
it is applicable, the nae of the owner or
operator to which it is applicable, and its
wpiration date. All dwelling units and
reaming wits being let for rent and occupancy
witaut a valid rental perndt or application
for the same on file with the city and fees
paid noy be ordered vacated.
SECTION 9. That Chapter 17 of the Code of Ordi-
nances of the City of Iaa City, Iowa, be, and the
sane is hereby mended by repealing Section 17-4(h)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
(h) Issuance of a Rental Permit. then all provi-
sions of Section 17-7 of to Housing Cade have
been complied with by to owner or operator,
F'- '
Ordinance No. 88-3385
Page 6
the Department of Housirg and Inspection
Services shall issue a rental permit upon
payment of all paint and reinspection fees,
the aunt of rbich shall be established by
resolution of the Iow City City Council.
SECTICN 10. That Chapter 17 of the Code of
Ordinances of the City of Iawa City, Iowa, be, and
the same is hereby amended by repealing Section 17-
5(i) thereof, and enacting in lieu thereof a new
section to be codified the sae to read as follows:
(i) Exits.
(1) Every dialling unit and roaming unit shall
co ply with the following exit requirements:
a. Single-family hams shall have access to
at least one exit.
b. Duplex structures. Every dwelling unit
E and rooming unit within a duplex struchre
N shall have access to at least ase exit and
shall have not less than tun (2) exits
from each floor Were the floor area
exceeds three thousand (3,000) square
feet.
i
C. Multiple dwellings and roaming houses.
Every dialling mit and rooming unit
within a multiple dwelling or rooming
house shall have acre s to two (2) exits.
d. Where only one exit is required, it shall
be a continuous and unobstructed means of
n egress which discharges directly or via
E corridors or stairways, or both,to a
1 p bliaway.
e. Where at least two (2) exits are required,
!k they shall be independent, wobstnxted
means of egress remote fran each odw and
at least one shall discharge directly or
via corridors or stairways, or both, to a
publioeay; if both means of egress are
designated to a cam corridor, they
shall be in opposite directions immedi-
ately upon exiting the dialling mit or
roamirg mit except that a cmnon path of
travel moray be permitted for the first
twenty (20) feet; that is, a dead -and
corridor may be permitted not to exceed
i twenty (20) feet in length.
f. Basements and floor above the mord story
i containing habitable space shall have not
less than two (2) exits except ries such
floors or basements are used exclusively
for the service of the building.
(2) Every means of egress shall omply with the
following requirements:
a. Handrails - All stairways carprised of
four (4) or more risers shall be provided
with a substantial and safe handrail. New
Ordinance No. 88-3385
Page 1
construction or modeling shall comply
with the lows City Building Code.
b. Guardrails - All unenclosed Floor and roof
openings, open and glazed sides of
landings and raips, balconies or porches
which are more than thirty (30) inches
above grade or above the floor below or
any roof used for any other savice of the
building shall be protected by a substan-
tial and safe guardrail. NEW anstrwntiun
or I ling shall comply with the Iowa
City Building fade.
C. Riser height and tread width - Every
stairway shall have a uniform rise height
and uniform tread width which shall be
adequate for safe use.
d. Lockable doors, windows - Doors and
windows readily accessible from outside
the unit shall be lockable fron inside the
wit.
e. Basement window egress - In bas met units
where one means of egress is a window,
such window shall have an unobstnx:ted
opening no less in area than that regdr>d
in the building ar4lor fire codes.
f. Fire escapes - No existing fire escape
shall be deemed a sufficient means of
egress unless it is in conpliam with the
fire codes of the state and the city.
g. Doorway size - Every doorway providing
ingress or egress from any dwelling unit,
rooming unit or habitable room shall be at
least six (6) feet, four (4) inches high
and twenty -faun (24) inches wide.
SECTIDN 11. That Chapter 17 of the Code of Ordi-
nances of the City of nos City, Iowa, be, and the
same is hereby awd8d by repealing Section 17-5(j)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
(1) Every habitable room 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 exo* the
kitdim, shall have at least eight (a) percent
of the floor area of such roan or that amort
of window and/or skylight area specified ty the
Inas City Building Cade.
(2) For the purpose of determining natural light
and natural ventilation requirements, any ran
MY be Considered as a portion of an adjoining
room when ane -half of the area of the common
wall is Open and unobstructed and provides an
opening of not less than one tach of the floor
Ordinance No. 88-3385
Page 8
area of the interior room or twenty-five (25)
square feet, whichever is greater.
CTSE ION 12. That Chapter 17 of the Code of Ordi-
nances of the City of Ire City, Ioa, be, and the
same is hereby amended by repealing Section 17-5(1)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
(1) Heating.
(1) Every dielling shall have heating facilities
which are properly installed ad are fable of
safely and adequately heating all habitable
rooms, bathrooms and toilet roes located
therein to a temperature of at least sixty-
eight (68) degrees Fahrenheit (twenty (20)
degrees Centigrade) and shall be capable of
maintaining in all said locations a minimum
tanperature of sixty-five degrees Fahrenheit
(eighteen (18) degrees Centigrade) at a
distance of three (3) feet above the floor
level at all times. Such heating facilities
shall be so designed and equipped that teat, as
herein specified, is available for all Belling
units and ramming units.
(2) Every central heating unit, space tenter, water
heater and cooking appliance shall be located
and installed in such a merrier so as to afford
reasonable protection against involvement of
egress facilities or egress routes in tie event
of uncontrolled fire in the structure.
(3) Every fuel -burning heating unit or water heater
shall be effectively vented in a safe manner to
a chimney or duct leading to the exterior of
the building. The chimney, dict amd went tall
be of such design as to assure proper daft and
shall be adequately supported.
(4) No fuel -burning fimuce shall be located within
any sleeping roan or bathroom unless provided
with adequate ducting for air supply from the
exterior, and the cmbustion chamber for such
heating unit shall be sealed from the room in
ah airtight maser. Fuel -burning water hmtes
are prohibited in bathrooms aid sleeping roma.
(5) Every steam or fat water boiler ad evey water
heater shall be protected against over -heating
by appropriate pressure and temperature limit
controls. Such controls dull haws a properly
installed extension pipe an the pressure
taupenture control valve.
(6) Every fuel -burning spate heating unit and water
heater shall be equipped with an electronic
Ignition or with a pilot light ad an automatic
control to interrupt the flaw of fuel to the
unit in the event of a failure of the ignition
device. All such heating units shall have a
limit control to prevent overheating.
9'V
Ordinance No. 88-3385
Pap 9
SECTICN 13. That Chapter 17 of the Code of
Ordinances of the City of Iara City, Ias, be, and
the sale is hereby amrded by repealing Section 17-
5(n) thereof, and enacting in lieu thereof a new
section to be codified the sam to read as follows:
(n) Mini
mm space, used and location requirerents:
(1) Floor area per occupant.
a. Every dwelling unit shall contain at lust
one huhJred twenty (120) square feet of
habitable floor *+ for the first
occupant thereof and at least one hundred
(100) additional square feet of habitable
floor space for every additional ocaW
thereof.
b. For the purposes of determining the
maximm permissible occupancy, the floor
area of that part of a roan where the
ceiling height is less than five (5) feet
shall not be considered when omputing the
total floor area of the roan.
(2) Maxinm occupancy. Not more than ane family,
plus that mrdxr of roomers permitted in the
zoning ordinance, except for guests, shall
occupy a dwelling unit unless a rectal permit
for a romdrg house has been granted.
(3) Sleeping roans. In every Belling unit of two
(2) or more rooms and every roamrg unit, every
roan occupied for sleeping purposes by one
ocunpant shall contain at least seventy (70)
square feet of floor space and every roan
occupied for sleeping purposes ly note than om
Occpant shall contain at least forty (40)
square feet of floor space for each owpant
thereof.
Exception: Two-bedrom mobile hones shall
be required to have only one bedrom in
cmpliance with this section.
(4) Ceiling height. The ceiling height of every
habitable roan shall be at least seven (7)
feet.
a. In any habitable roan Thee the ceiling is
a part of a sloping roof, at least one-
half of the floor area shall have a
ceiling height of at least seven (7) feet.
Floor area, as stated above, shall mean
the area of the floor Where the vertical
measmenaht from floor to ceiling is five
(5) feet or more.
b. Obstructions of space by such items as
water and gas pipes, cabinebry, etc. shall
be permitted Won such obstructions are
located within two (2) feet of a petition
or well; do not interfere with normal
ingress and egress; would not interfere
with an emergency ingress or egress; and
0
F
Ordinance No. 88-3385
Page 10
are approved by the inspector. Obstruc-
tion of ceiling space shall be permitted
when such obstruction is located at a
Wight of not less than six (6) feet, far
(4) inches from the floor and which does
not occupy more than twenty-five (25)
percent of the obit area of the space
within a roan which is further than six
(6) feet four (4) indnes fron the floor.
SECTICM 14. That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
sare is hereby amended by adding thereto the
following new section as Section 17-5(o), entitled
"Fire Protection Equipment," as follows:
(o) Fire Protection Egoip a nt. All fire extin-
guishes and early warning fire protection
system shill be properly installed according
to the Ia a City Fire Code.
SECTICN 15. That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
sane is hereby amended by repealing Section 17-7(1)
thereof, and enacting in lieu thereof a new section
to be codified the same to read as follows:
(i) Electrical System. The electrical system of
every dwelling or accessory strucbm shall rot
by reason of overloading, dilapidation, lack of
insulation, improper fusing or ary cow case,
erose occupants to hazard of electrical shock
or fire and every electrical outlet, switch,
and fixture shall be mplete as manufactured
and maintained in good and safe working
condition.
SECTION 16 That Chapter 17 of the Code of Ordi-
nances of the City of Iowa City, Iowa, be, and the
sane is hereby wended by repealing Section 17-7(1)
thereof, and enacting in lieu thereof a new section
to be codified the sane to read as follows:
(1) Maintenance of Heating and Supplied Cooling
Equipment. The heating equipment of each
dwelling shall be maintained in good ad safe
writing condition and shall be capable of
heating all habitable room, bathroom and
toilet rocs located therein to a minimum
temperature required by this Code. However,
heating and cooling equipment shall not be
required to be maintained in operational
condition during that time of year when said
equipment is not normally used. Ib getable
eaterial shall be stared within three feet of a
fuel -burning furnace and/or fuel -burning water
Water.
SECTION 17. That Chapter 17 of the Code of Ordi-
nances of the City of Ias City, Ias, be, and the
same is hereby amended by repealing Section 17-7(q)
Ordinance No. 88-3385
Page 11
thereof, and enacting in lieu thereof a new section
to be codified the sane to read as follow:
(q) Fire Protection Equipment. All fire extin-
guishers and early vsrning fire protection
system shall be nreintained in good working
condition at all times. Fire extinguishers
{ shall be canted and meet the requirements of
the Iare City Fire Code.
SECT CN I8. That Chapter 17 of the Code of Ordi-
s nrannces of the City of Iawa City, Iowa, be, and the
same is hereby amended by repealing Section 17-7(v)
{ thereof, and enacting in lieu thereof a new section
to be codified the sane to read as follows:
(v) Maintenance of eamlor areas. Every neer or
operator shall be respasible for maintaining
( the a erior areas in a safe, clean, and
sanitary condition.
SECTION I9. That Chapter 17 of the Code of Ordi-
nances of the City of Iona City, Iona, be, and the
sane is hereby amended by repealing Section 17-7(y)
thereof, and enacting in lieu thereof a new section
i to be codified the sane to read as follows:
(y) Occupancy Control.
€ (1) A belling unit shall not be amgied ty a
q nada of palms yenta than allaed by
61 the Ioe City 7ming Ordinanoe.
(2) No room shall be used as a habitable room
unless certified as a habitable room at
S the time the Certificate of SIb uctu a
Compliance is issued.
SECRON 20, That Chapter 17 of the Code of
Ordinances of the City of Iae City, Iowa, be, and
the sane is hereby auraded by repealing Section 17-
8(e) thereof, and enacting in lieu thereof a new
section to be codified the same to read as follows:
(e) Use and Operation of Supplied Heating
Facilities. Every occupant of a Belling unit
or rooming unit shall be responsible for the
exercise of reasonable care, proper use and
proper operation of supplied heating facili-
ties. ND mbustible material shall be stared
within three That of a feel -boning furnace
aWor flel-boning water heats.
SECTION 21. That Chapter 17 of the Code of
Ordinances of the City of Iam City, Ins, be, and
the sane is hereby anmendeI by repealing Section 17-
8(1) thereof, and enacting in lieu thereof a new
j section to be codified the same to read as follows:
(i)Ocapancy Control.
111 nanberlof persons greater than a 111 edd by
the [os City Imirg Ordinance.
(2) No room shall be used as a habitable room
unless certified as a habitable room at
Ordinance No. 88-3385
Page 12
the tine the Certificate of Structure
Compliance is issued.
CSE TION . That Chapter 17 of the Code of Ordi-
rwices of the City of Joe City, Iawa, be, and the
sarie is hereby aneded by adding thereto the
folloW g new section as Section 17-8(j), entitled
"Fire Protection Equiprent," as follows:
j. Fire Protection Wp>Qet. All fire extin-
guishers and only naming fire "protection
systm sMIl be mintaired in gond mting
condition at all tiros. Fire extinguishers
shall be amrted and Met the requirm3ds of
the 17 City Fire Code.
SECTION 23. RFpEa ER: All ordinances and parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 24. SEMMI nv: If any section, provi.
sion or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provisim or part thereof not
adjudged invalid or unconstitutional.
SECiIQI 25. EFFECT nam: This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
19P8a8ssed and approved this 28th day of June,
K
A
ZDepa
om� G�o%8'
010
It was moved by Ambrisco and seconded by Strait that
the Ordinance as rea e a op e , and upon roll cill fFeFi were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
_ X Dickson
X Horowitz
Larson
X McDonald
X Strait
First Consideration 6/14/88
Vote for passage: Ayes: Larson, McDonald, Strait, Ambrisco,
Courtney, Dickson, Horowitz. Nays: None. Absent: None.
Second Consideration
Vote for passage:
Date published 7/13/88
bbved by Ambrisco, seconded by Courtney, that the
rule requiring ordinances to be considered and
voted on for passage at two council meetings prior
to the meeting at which it is to be finally passed
be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final
passage at this time.
Ayes: Courtney, Horowitz, Larson, McDonald,
Strait, Ambrisco. Nays: None. Absent: Dickson.
9�9