HomeMy WebLinkAbout1987-04-21 OrdinanceCity of Iowa City
MEMORANDUM
DATE: March 27, 1987
TO: Planning & Zoning Commission
FROM: Karin Franklin, Senior Plann
RE: Definition of Fitness Centers
i
The following amendment to the Zoning Ordinance is proposed to define fitness
centers. This term is used in the RDP zone and is intended to distinguish
fitness centers from other commercial recreational uses defined in Section
36-4(c).
Section 36-4 (f)
(7.1) Fitness centers and health spas. Facilities
used primarily for physical exercise and wellness
programs and which include but are not limited to
gymnasiums, aerobics studios, weight -lifting centers,
racquetball courts, tennis courts, and jogging
trails.
Approved by.
4on Sch Wiser, Director
Department of Planning and
Program Development
%or r
ORDINANCE M.
AN ORDINMCE TO ANEN) SECTION 36-4 OF a ZONING
ORDINANCE TO OEFINE FITNESS CENTERS AND HEALTH SPAS.
WH REAS, the Zoning Ordinance permits camercial
recreational facilities in sone zones; and
WHEREAS, the definition of counercial recreation
facilities includes such uses a gyms, swimming
Pools, shooting ranges and anusenart arcades; and
MfREAS, it is the intent of the City to permit
fitness centers arid health spas in certain zones and
distinguish then fron ammercial recreational fa-
cilities.
U. THEREFORE, BE IT QIDAINED BY TIE CITY cow.
CIL OF THE CITY OF Io A CIlY, THAT:
SECTION I. AhENDNEMS.
Sec ion4rfT
is hereby amended by adding the
following:
(7.1) Fitness centers and health spas. Facili-
ties used primarily for physical exercise and
wellness programs and vhich include but are not
limited to gynmasiurs, aerobic studios, weight-
lifting centers, racquetball courts, tennis
courts, and jogging trails.
SECTION II. REPEALER: All ordinances and parts of
o inances n can ct with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
sion oro mance shall be adjudged to
be invalid Or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
In e a err i ma passage, approval and
publication as required by law.
Passed ard approved this
MAYOR
ATTEST:
CITY CLEM(
Received $ gppr.vnd
By The Legal Dooartmerrl
J ��
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It was moved by 'and seconded by
that the Ordinance as read e adopted and upon roll call there were:
AYES: NAYS: ABSENT:
_ AMBRISCO
BAKER
COURTNEY
DICKSON
_ MCDONALD
STRAIT
_ ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
500L
City of Iowa City
�- MEMORANDUM
Date: March 13, 1987
To: Planning & Zoning Commission
From: Karin Franklin, Senior Planner
Re: Amended Floodplain Regulations
Attached is a new Floodplain Ordinance which takes the floodplain regula-
tions out of the Zoning Ordinance and amends the substance of the regula-
tions to conform to Federal Emergency Management Agency (FEMA)
requirements and Iowa Code definitions. FEMA has mandated the revision of
local codes to conform to new agency rules by April 1, 1987; a 90 -day
grace period extends that date to July 1.
The major changes in the ordinance involve 1) the placement of mobile
homes in the floodplain and the necessity to elevate them to one foot
above the 100 -year flood level; 2) the definition of lowest floor and
basement; 3) the elimination of special exceptions as an avenue of appeal;
and 4) strengthening the permitting process by more clearly defining local
responsibilities.
The regulations are removed from the Zoning Ordinance because the zoning
mechanism is not really necessary. The applicability of the floodplain
regulations is technically derived; i.e. either a property is in the
floodway/floodplain or it is not, depending upon the elevation of the land
and the flood levels calculated for various types of storms. There is no
discretion on the part of the City as to where the zone boundaries should
be. The regulations will be included in Chapter 11 of the Municipal Code
which will treat other environmental matters.
The ordinance before you is taken from a model distributed by the Iowa
Department of Natural Resources. The only changes staff has made are in a
requirement for certification by a registered engineer or land surveyor of
any development permits and substituting the Board of Adjustment for the
City Council as the appeal body. The certification places the burden of
showing technical compliance on the developer/builder. The selection of
the Board of Adjustment as the appeal body was based on the fact that the
Board is accustomed to hearings and the feeling that the Council's agenda
should not be cluttered with administrative functions. The staff recom-
mends adoption of the ordina ce suti�it ed.
Approved by:
o a c eiser, irec o�
Department of Planning & Program Development
bdw4/1
Attachment
5143
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City of Iowa City
MEMORANDUM
Date: March 27, 1987
To: Planning & Zoning Commission
From: Karin Franklin, Senior Planner
1111
Re: Amended Floodplain Regulations
As an addendum to your packet is a copy of the amended Floodplain Regula-
tions. Any language which is different from that in the Department of
Natural Resources (DNR) model is underlined. Please note that page 12,
item g includes an exemption to the certification requirement for speci-
fied erosion control projects as suggested by the Riverfront Commission.
At the last formal meeting of the Commission, the question was raised of
whether there were restrictions on the kind of fill which could be used in
the floodplain. According to the Floodplain Management Section of the
DNR, the type of fill used is not addressed in any floodplain regulations.
Concern with the environmental ramifications of burying asphalt or other
materials in the floodplain is the purview of another section of DNR. The
staff is continuing to pursue an answer to this question with other DNR
personnel.
bdw5/2
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ORDINANCE NO.
AN ORDINANCE AMENDING THE FLOOD PLAIN REGULATIONS AND MOVING THEM FROM THE
ZONING ORDINANCE TO CHAPTER 11 OF THE MUNICIPAL CODE.
WHEREAS, the City of Iowa City, as a participant in the National Flood
Insurance Program, has received a mandate from the Federal Emergency
Management Agency (FEMA) to amend local flood plain management regulations
in accordance with final rules published in 44 CFR Parts 59, 60, 61, 65,
70, 73 and 76, August 25, 1986; and
WHEREAS, the Iowa Department of Natural Resources has incorporated these
rules in a model ordinance which is compatible with Iowa statutes and
advises the adoption of this ordinance at the local level; and
WHEREAS, the model ordinance, with minor modifications, is consistent with
the stated purpose of Iowa City's existing floodplain regulations to
minimize the extent of floods and the losses incurred in flood hazard
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
SECTION I. AMENDMENTS.
1. That Section 36-31 through 36-37 of the Code of Ordinances is hereby
deleted and reserved.
2. That the following Chapter is adopted:
Chapter 11 - Environmental Regulations
ARTICLE I. IN GENERAL. i
SECTIONS I1-1. - 11-6. Reserved.
ARTICLE II. FLOOD PLAIN MANAGEMENT ORDINANCE
SECTION 11-7. Legal Authority, Findings of Fact and Purpose.
(a) Legal Authority
Chapter 364 of the Code of Iowa grants cities the authority, except as
expressly limited by the Constitution and if not inconsistent with the
laws of the General Assembly, to exercise any power and perform any func-
tion it deems appropriate to protect and preserve the rights,privileges,
and property of the city or of its residents, and to preserve and improve
the peace, safety, health, welfare, comfort, and convenience of its resi-
dents.
(b) Findings of Fact
(1) The flood hazard areas of Iowa City are subject to periodic
inundation which can result in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
5l�3
Ordinance No.
Page 2
T
and relief, and impairment of the tax base, all of which ad-
versely affect the peace, safety, health, welfare, comfort, and
convenience of its residents.
(2) These flood losses, hazards, and related adverse effects are
caused by: i) the occupancy of flood hazard areas by uses vul-
nerable to flood damages which create hazardous conditions as a
result of being inadequately elevated or otherwise protected
from flooding, and ii) the cumulative effect of obstructions on
the flood plain causing increases in flood heights and veloci-
ties.
(3) This ordinance relies upon engineering methodology for analyzing
flood hazards which is consistent with the standards established
by the Department of Natural Resources.
(c) Statement of Purpose
It is the purpose of this ordinance to protect and preserve the rights,
privileges and property of Iowa City and its residents and to preserve and
to improve the peace, safety, health, welfare, and comfort and convenience
of its residents by minimizing those flood losses described in subsection
(b)(2) above with provisions designed to:
(1) Reserve sufficient flood plain area for the conveyance of flood
flows so that flood heights and velocities will not be increased
substantially.
(2) Restrict or prohibit uses which are dangerous to health, safety
or property in times of flood or which cause excessive increases
in flood heights or velocities.
(3) Require that uses vulnerable to floods, including public utili-
ties which serve such uses, be protected against flood damage at
the time of initial construction.
(4) Protect individuals from buying lands which are unsuited for
intended purposes because of flood hazard.
(5) Assure that eligibility is maintained for property owners in the
city to purchase flood insurance through the National Flood
Insurance Program.
SECTION 11-8. Definitions.
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application.
(b)(1) BASEMENT - Any enclosed area of a building which has its floor or
lowest level below ground level (subgrade) on all sides. Also see
"lowest floor."
5fF3
Ordinance No.
Page 3
(d)(1) DEVELOPMENT - Any man-made change to
estate, including but not limited to
tures, mining, dredging, streambank
filling, grading, paving, excavation or
(f)(1)
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improved or unimproved real
buildings or other struc-
erosion control measures,
drilling operations.
FACTORY -BUILT HOME - Any structure, designed for residential use,
which is wholly or in substantial part, made, fabricated, formed
or assembled in manufacturing facilities for installation or
assembly and installation, on a building site. For the purpose of
this Ordinance, factory -built homes include mobile homes, manufac-
tured hones and modular homes and also include park trailers,
travel trailers and other similar vehicles placed on a site for
greater than 180 consecutive days. [Editorial Note: The defini-
tion of mobile home in the Zoning Ordinance specifically excludes
travel trailers and similar vehicles.]
(2) FACTORY -BUILT HOME PARK - A parcel or contiguous parcels of land
divided into two or more factory -built home lots for rent or
sale.
(3) FLOOD - A general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow
of streams or rivers or from the unusual and rapid runoff of
surface waters from any source.
(4) FLOOD ELEVATION - The elevation floodwaters would reach at a
particular site during the occurrence of a specific flood. For
instance, the 100 -year flood elevation is the elevation of flood
waters related to the occurrence of the 100 -year flood.
(5) FLOOD INSURANCE RATE MAP - The official map prepared as part of
(but published separately from) the Flood Insurance Study which
delineates both the flood hazard areas and the risk premium zones
applicable to the community.
(6) FLOOD INSURANCE STUDY - A study initiated, funded, and published
by the Federal Insurance Administration for the purpose of evalu-
ating in detail the existence and severity of flood hazards;
providing the city with the necessary information for adopting a
flood plain management program; and establishing actuarial
insurance rates. flood
(7) FLOOD PLAIN - Any land area susceptible to being inundated by
water as a result of a flood,
(8) FLOOD PLAIN MANAGEMENT - An overall program of corrective and
preventive measures for reducing flood damages and promoting the
wise use of flood plains, including but not limited to emergency
preparedness plans, flood control works, flood -proofing and flood
plain management regulations,
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Ordinance No.
Page 4
(9) FLOODPROOFING - Any combination of structural and non-structural
additions, changes, or adjustments to structures, including util-
ity and sanitary facilities, which will reduce or eliminate flood
damage to such structures.
(10) FLOODWAY - The channel of a river or stream and those portions of
the flood plains adjoining the channel, which are reasonably
required to carry and discharge flood waters or flood flows so
that confinement of flood flows to the floodway area will not
result in substantially higher flood levels and flow velocities.
(11) FLOODWAY FRINGE - Those portions of the flood plain, other than
the floodway, which can be filled, leveed, or otherwise obstructed
without causing substantially higher flood levels or flow veloci-
ties.
(7)(1) LOWEST FLOOR - The floor of the lowest enclosed area in a building
including a basement except when all the following criteria are
met:
a. The enclosed area is designed to flood to equalize hydrostatic
pressure during floods with walls or openings that satisfy the
provisions of section 1.10.(a)(4)a, and
b. The enclosed area is unfinished (not carpeted, drywalled,
etc.) and used solely for low damage potential uses such as
building access, parking or storage, and
c. Machinery and service facilities (e.g., hot water heater,
furnace, electrical service) contained in the enclosed area
are located at least one (1) foot above the 100 -year flood
level, and
d. The enclosed area is not a "basement" as defined in this
section.
In cases where the lowest enclosed area satisfies criteria
a,b,c, and d above, the lowest floor is the floor of the next
highest enclosed area that does not satisfy the criteria
above.
(n)(1) NEW CONSTRUCTION (new buildings, factory -built home parks) - Those
structures or development for which the start of construction
commenced an or after the effective date of the Flood Insurance
Rate Map.
(0)(1) ONE HUNDRED (100) YEAR FLOOD - A flood, the magnitude of which has
a one (1) percent chance of being equalled or exceeded in any
given year or which, on the average, will be equalled or exceeded
at least once every one hundred (100) years.
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Ordinance No.
Page 5 —�
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(s)(1) STRUCTURE - Anything constructed or erected on the ground or
factoriiees, sheds, to the grouncabdins,nfactory-builtnhomes, s orage tankot limited to s,nend
other similar uses.
(2) SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which
satisfies either of the following criteria:
a. Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value
of the structure either (i) before the improvement or repair
is started, or (ii) if the structure has been damaged, and is
ofithis definitionefore the ubst toalgeimprovement" occurred.oris cthe Purposes
occur when the first alteration affects the external dimeto
n-
sions of the structure. The term does not, however, include
any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
conditions for the existing use.
b• Any addition which increases the original floor area of a
building by 25 percent or more. All additions constructed
after June 5, 1985, shall be added to any proposed addition in
determining whether the total increase in original floor space
would exceed 25 percent.
SECTION 1-9. General Provisions.
(a) Lands to Which Regulations Apply
These flood plain management regulations shall apply
which have significantfloodhazards. The Flood ondary land aFldoodwayuMap
and the Flood Insurance Rate Map, dated June 5, 1985, which were prepared
as part of the Iowa City Flood Insurance Study, shall be used to identify
such flood hazard areas and all areas shown thereon to be
boundaries of the 100 -year flood shall be considered as having significant
flood hazards. Where uncertainty exists with respect to the tprecise
location of the 100 -year flood boundary, the location shall be determined
on the basis of the 100 -year flood elevation cat the particular site in
question. The Iowa City Flood Insurance Study is hereby adopted by refer-
ence and is made a part of this ordinance for the purpose of administering
flood plain management regulations.
(b) Com liance
No structure or land shall hereafter be used and no structure shall be
located, extended, converted or structurally altered without full can
ante with the terms of this ordinance and other applicable regulations
which apply to uses within the jurisdiction of this ordinance, pli
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Ordinance No.
Page 6
(c) Abrogation and Greater Restrictions
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It is not intended by this ordinance to repeal, abrogate or impair any
existing easements, covenants, or deed restrictions. However, where this
ordinance imposes greater restrictions, the provision of this ordinance
shall prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
(d) Interpretation
In their interpretation and application, the provisions of this ordinance
shall be held to be minimum requirements and shall be liberally construed
in favor of the governing body and shall not be deemed a limitation or
repeal of any other powers granted by State statutes.
(e) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on engineering and scien-
tific methods of study. Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This ordinance does not imply
that areas outside the regulated areas or that uses permitted within the
regulated areas will be free from flooding or flood damages. This ordi-
nance shall not create liability on the part of Iowa City or any officer
or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
(f) Severability
If any section, clause, provision or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance shall not be affected thereby.
SECTION 1-10. Flood Plain Management Standards.
(a) General Flood Plain Standards
All uses must be consistent with the need to minimize flood damage and
shall meet the following applicable performance standards. Where 100 -year
flood data has not been provided in the Flood Insurance Study, the Depart-
ment of Natural Resources shall be contacted to compute such data.
(1) All structures shall be (i) adequately anchored to prevent
flotation, collapse or lateral movement of the structure, (ii)
be constructed with materials and utility equipment resistant to
flood damage, and (iii) be constructed by methods and practices
that minimize flood damage.
(2) Residential buildings - All new or substantially improved resi-
dential structures shall have the lowest floor, including
basement, elevated a minimum of one (1) ft. above the 100 -year
flood level. Construction shall be upon compacted fill which
shall, at all points, be no lower than 1.0 ft, above the 100-
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Ordinance No.
Page 7
year flood level and extend at such elevation at least 18 feet
beyond the limits of any structure erected thereon. Alternate
methods of elevating (such as piers) may be allowed, subject to
favorable consideration by the Board of Adjustment and the
Department of Natural Resources, where existing topography,
street grades, or other factors preclude elevating by fill. In
such cases, the methods used must be adequate to support the
structure as well as withstand the various forces and hazards
associated with flooding.
(3) Non-residential buildings - All new or substantially improved
non-residential buildings shall have the first floor (including
basement) elevated a minimum of one (1) ft, above the 100 -year
flood level, or together with attendant utility and sanitary
systems, be floodproofed to such a level. When floodproofing is
utilized, a professional engineer registered in the State of
Iowa shall certify that the floodproofing methods used are
adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the
100 -year flood; and that the structure, below the 100 -year flood
level, is watertight with walls substantially impermeable to the
passage of water. A record of the certification indicating the
specific elevation (in relation to National Geodetic Vertical
Datum) to which any structures are floodproofed shall be main-
tained by the Administrator.
(4) All new and substantially improved structures:
a. Fully enclosed areas below the "lowest floor" (not including
basements) that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certi-
fied by a registered professional engineer or meet or exceed
the following minimum criteria:
1. A minimum of two openings having a total net area of not
less than one square inch for every square foot of en-
closed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one
foot above grade.
3. Openings may be equipped with screens, louvers, valves,
or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
b. New and substantially improved structures must be designed
(or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the
effects of bouyancy.
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Ordinance No.
Page 8
New and substantially improved structures must be
constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during condi-
tions of flooding.
(5) Factory -built homes:
Factory -built homes including those placed in existing fac-
tory -built home parks or subdivisions shall be anchored to
resist flotation, collapse, or lateral movement.
b. Factory -built homes including those placed in existing fac-
tory -built home parks or subdivisions shall be elevated on a
permanent foundation such that the lowest floor of the
structure is a minimum of one (1) foot above the 100 -year
flood level.
(6) Utility and Sanitary Systems
All new and replacement sanitary sewage systems shall be
designed to minimize and eliminate infiltration of flood
waters into the system as well as the discharge of effluent
into flood waters. Wastewater treatment facilities shall be
provided with a level of flood protection equal to or
greater than one (1) foot above the 100 -year flood eleva-
tion.
b. On-site waste disposal systems shall be located or designed
to avoid impairment to the system or contamination from the
system during flooding.
c. New or replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system. Water supply treatment facilities shall be provided
with a level of protection equal to or greater than one (1)
foot above the 100 -year flood elevation.
d. Utilities such as gas or electrical systems shall be located
and constructed to minimize or eliminate flood damage to the
system and the risk associated with such flood damaged or
impaired systems.
(7) Storage of materials and equipment that are flammable, explosive
or injurious to human, animal or plant life is prohibited unless
elevated a minimum of one (1) foot above the 100 -year flood
level. Other material and equipment must either be similarly
elevated or (i) not be subject to major flood damage and be
anchored to prevent movement due to flood waters or (ii) be
readily removable from the area within the time available after
flood warning.
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Ordinance No.
Page 9
(8) Flood control structural works such as levees, flood walls, etc.
shall provide, at a minimum, protection from a 100 -year flood
with a minimum of 3 ft. of design freeboard and shall provide
adequatefor interior
rdrainage.
control worksshal beappraddition, structural
approved by theDepartment
Resources.
(9) No use shall affect the capacity or conveyance of the channel or
floodway of any tributary to the main stream, drainage ditch, or
other drainage facility or system.
(10) Subdivisions (including factory -built home parks and subdivi-
sions) shall be consistent with the need to minimize flood
damages and shall have adequate drainage provided to reduce
exposure to flood damage. Development associated with subdivi-
sion proposals shall meet the applicable performance standards.
Subdivision proposals intended for residential development shall
provide all lots with a means of vehicular access that will
remain passable during occurrence of the 100 -year flood.
(11) The exemption of detached garages, sheds, and similar structures
from the 100 -year flood elevation requirements may result in
increased premium rates for insurance coverage of the structure
and contents; however, said detached garages, sheds, and similar
accessory type structures are exempt from the 100 -year flood
elevation requirements when;
a. The structure shall not be used for human habitation.
b. The structure shall be designed to have low flood damage
potential.
c. The structure shall be constructed and placed on the build-
ing site so as to offer minimum resistance to the flow of
floodwaters.
d. Structures shall be firmly anchored to prevent flotation
which may result in damage to other structures.
e. The structure's service facilities such as electrical and
heating equipment shall be elevated or floodproofed to at
least one (1) foot above the 100 -year flood level.
(b) Special Floodway Provisions
In addition to the General Flood Plain Standards, uses within the floodway
must meet the following applicable standards. The floodway is that por-
tion of the flood plain which must be protected from developmental en-
beenchment to providedainothehe free flow Of Flood Insuranceloowars.StudytesuchWdata shallwbehere flooday dsedhto
define the floodway limits. Where no floodway data has been provided, the
Department of Natural Resources shall be contacted to provide a floodway
delineation.
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Ordinance No.
Page 10
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(1) No use shall be permitted in the floodway that would result in
any increase in the 100 -year flood level. Consideration of the
effects of any development on flood levels shall be based upon
the assumption that an equal degree of development would be
allowed for similarly situated lands.
(2) All uses within the floodway shall:
a. Be consistent with the need to minimize flood damage.
b. Use construction methods and practices that will minimize
flood damage.
c. Use construction materials and utility equipment that are
resistant to flood damage.
(3) No use shall affect the capacity or conveyance of the channel or
floodway or any tributary to the main stream, drainage ditch, or
any other drainage facility or system.
(4) Structures, buildings and sanitary and utility systems, if
permitted, shall meet the applicable General Flood Plain stan-
dards and shall be constructed or aligned to present the minimum
possible resistance to flood flows.
(5) Buildings, if permitted, shall have a low flood damage potential
and shall not be for human habitation.
(6) Storage of materials or equipment that are buoyant, flammable,
explosive or injurious to human, animal or plant life is prohib-
ited. Storage of other material may be allowed if readily remov-
able from the floodway within the time available after flood
warning.
(1) Watercourse alterations or relocations (channel changes and
modifications) must be designed to maintain the flood carrying
capacity within the altered or relocated portion. In addition,
such alterations or relocations must be approved by the Depart-
ment of Natural Resources.
(8) Any fill or streambank erosion control projects allowed in the
floodway must be shown to have some beneficial purpose and shall
be limited to the minimum amount necessary.
(9) Pipeline river or stream crossings shall be buried in the
streambed and banks or otherwise sufficiently protected to
prevent rupture due to channel degradation and meandering or due
to the action of flood flows.
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Ordinance No,
Page 11
SECTION 1-11. Administration.
(a) Appointment, Duties and Responsibilities of Administrator
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(1) The Building Official shall administer and enforce the provi-
sions of this ordinance and will herein be referred to as the
Administrator.
(2) Duties and Responsibilities of the Administrator shall include,
but not necessarily be limited to, the following:
a. Review all flood plain development permit applications to
ensure that the provisions of this ordinance will be satis-
fied.
b. Review all flood plain development permit applications to
ensure that all necessary permits have been obtained from
federal, state or local governmental agencies.
c. Record and maintain a record of: (i) the elevation (in
relation to National Geodetic Vertical Datum) of the lowest
floor of all new or substantially improved buildings or (ii)
the elevation to which new or substantially improved struc-
tures have been floodproofed.
d. Notify adjacent communities and/or counties and the Depart-
ment of Natural Resources prior to any proposed alteration
or relocation of a watercourse.
e. Keep a record of all permits, appeals, variances and such
other transactions and correspondence pertaining to the
administration of this ordinance.
(b) Flood Plain Development Permit Required
(1) Permit Required - A Flood Plain Development Permit issued by the
Administrator shall be secured prior to initiation of any flood
plain development (any man-made change to improved or unimproved
real estate, including but not limited to, buildings or other
structures, mining, dredging, streambank erosion control meas-
ures, filling, grading, paving, excavation or drilling opera-
tions) including the placement of factory -built homes.
(2) Application for Permit - Application for a Flood Plain Develop-
ment Permit shall be made on forms supplied by the Administrator
and shall include the following information:
a. Description of the work to be covered by the permit for
which application is to be made,
b. Description of the land on which the proposed work is to be
done (i.e. - lot, block, tract, street address or similar
description) that will readily identify and locate the work
to be done.
Ordinance No.
Page 12
c. Indication of the use or occupancy for which the proposed
work is intended.
d. Elevation of the 100 -year flood.
e. Elevation (in relation to National Geodetic Vertical Datum)
of the lowest floor (including basement) of buildings or of
the level to which a building is to be floodproofed.
f. For buildings being improved or rebuilt, the estimated cost
of improvements and market value of the building prior to
the improvements.
g. Certification by a registered engineer or land surveyor of
the effect the proposed development will have on the flood-
plain, under the requirements of this ordinance. This
certification requirement may be waived by the City Engineer
in those instances where the City Engineer can make an
adequate determination of the effect of the proposed devel-
opment.
EXEMPTION: All streambank erosion control measures involv-
ing less than 500 linear feet and not extending more than
three feet into the stream channel are exempt from the
certification requirement.
h. Such other information as the Administrator deems reasonably
necessary for the purpose of this ordinance.
(3) Action on Permit Application - The Administrator shall, within a
reasonable time, make a determination as to whether the proposed
flood plain development meets the applicable standards of this
ordinance and shall approve or disapprove the application. For
disapprovals, the applicant shall be informed, in writing, of
the specific reasons therefore. The Administrator shall not
issue permits for variances except as directed by the Board of
Adjustment.
(4) Construction and Use to be as Provided in Application and Plans
- Flood Plain Development Permits based on approved plans and
applications authorize only the use, arrangement, and construc-
tion set forth in such approved plans and applications and no
other use, arrangement or construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed
a violation of this ordinance. The applicant shall be required
to submit certification by a professional engineer or land
surveyor, as appropriate, registered in the State of Iowa, that
the finished fill, building floor elevationsfloodproofing, or
other flood protection measures were accomplished in compliance
with the provisions of this ordinance, prior to the use or
occupancy of any structure.
,SV -j
Ordinance No.
Page 13
(c) Variance
(1) The Board of Adjustment may authorize upon request in specific
cases such variances from the terms of this ordinance that will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this
ordinance will result in unnecessary hardship. Variances
granted must meet the following applicable standards:
No variance shall be granted for any development within the
floodway which would result in any increase in flood heights
during the occurrence of the 100 -year flood. Consideration
of the effects of any development on flood levels shall be
based upon the assumption that an equal degree of develop-
ment would be allowed for similarly situated lands.
Variances shall only be granted upon: (i) a showing of good
and sufficient cause, (ii) a determination that failure to
grant the variance would result in exceptional hardship to
the applicant, and (iii) a determination that the granting
of the variance will not result in increased flood heights,
additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization
of the public.
c. Variances shall only be granted upon a determination that
the variance is the minimum necessary, considering the flood
hazard, to afford relief.
In cases where the variance involves a lower level of flood
protection for buildings than what is ordinarily required by
this ordinance, the applicant shall be notified in writing
over the signature of the Administrator that: (i) the issu-
ance of a variance will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of
insurance coverage and (ii) such construction increases
risks to life and property.
All variances granted shall have the concurrence or approval
of the Department of Natural Resources.
(2) Factors Upon Which the Decision of the Board of Adjustment Shall
be Based - In passing upon applications for Variances, the Board
of Adjustment shall consider all relevant factors specified in
other sections of this ordinance and:
The danger to life and property due to increased flood
heights or velocities caused by encroachments.
The danger that materials may be swept on to other land or
downstream to the injury of others.
SSF.W,
Ordinance No.
Page 14
c. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination
and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the indi-
vidual owner.
e. The importance of the services provided by the proposed
facility to the City.
f. The requirements of the facility for a flood plain loca-
tion.
g. The availability of alternative locations not subject to
flooding for the proposed use.
h. The compatibility of the proposed use with existing develop-
ment and development anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
J. The safety of access to the property in times of flood for
ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise and !
sediment transport of the floodwater expected at the site.
I. Such other factors which are relevant to the purpose of this
ordinance.
(3) Conditions Attached to Variances - Upon consideration of the
factors listed above, the Board of Adjustment may attach such
conditions to the granting of variances as it deems necessary to
further the purpose of this ordinance. Such conditions may
include, but not necessarily be limited to:
a. Modification of waste disposal and water supply facilities.
b. Limitation of periods of use and operation.
C. Imposition of operational controls, sureties, and deed re-
strictions.
d. Requirements for construction of channel modifications,
dikes, levees, and other protective measures, provided such
are approved by the Department of Natural Resources and are
deemed the only practical alternative to achieving the
purpose of this ordinance.
e. Floodproofing measures.
503
Ordinance No.
Page 15
SECTION 1-12. Penalties for Violation.
Violations of the provisions of this ordinance or failure to comply with
any of its requirements may be treated as a misdemeanor, or as a municipal
infraction subject to the provisions of Chapter 1, Article II, Procedures
and Penalties for Municipal Infractions.
SECTION 1-13. Amendments.
The regulations and standards set forth in this ordinance may from time to
time be amended, supplemented, changed, or repealed. No amendment, sup-
plement, change, or modification shall be undertaken without prior ap-
proval of the Department of Natural Resources.
SECTION III
ic wi a provision of this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi-
nance s a e a 3u g o be invalid or unconstitutional, such adjudica-
tion 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 V. EFFECTIVE DATE: This Ordinance shall be in effect after its
final passage, IpPr_0_VaT7a_nff publication as required by law.
Passed and approved this
ATTEST:
CITY CLERK
MAYOR
nJ i�i: oi�'i :: 7a lI111flioi''i :: 1a ll1Ynt
6-03
It was moved by , and seconded by
that the Ordinance as rea e a op ed and upon roll ca ere were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
_ MCDONALD
STRAIT
_ ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
svi
J�
City of Iowa City
MEMORANDUM
Date: February 13, 1987
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: Chapter 22 Amendments
The attached ce
Manufactured HousingnParkse0rrdinancnt eo(Chapteroses w22)2ofpthe IowahCitysto Codetof
Ordinances. The first change relates to the registration and licensing
requirements of the ordinance, and the second relates to the regulation of
existing manufactured housing parks. The Planning and Zoning Commission is
responsible for evaluating plans to establish new manufactured housing parks
or alterations to existing parks, Section 22-17.
As a result of a recent change in state law, the registration and licensing
of manufactured housing parks (hereinafter referred to as parks) is now
prohibited. The proposed ordinance amendment deletes all reference to an
annual park license (Section 22-19, 22-21, and 22-24) and the park licensing
procedures of Section 22-22. These changes are necessary to comply with
state law. For reference, also enclosed is the present Manufactured Housing
Parks Ordinance for your review.
A second area of change suggested by staff relates to the redevelopment or
expansion of existing manufactured housing parks. Section 22-2 currently
requires all existing parks to submit a plan "...to establish the existing
level of development..." Not all existing parks have complied with this
requirement and as a result of the recent law change, any attempts to require
existing parks to submit a plan may be construed as "registration" which is
no longer allowed. It is for this reason that the second paragraph of Sec-
tion 22-2 is to be deleted.
The amendment proposed by staff is intended to accomplish two (2) primary
objectives. First, it requires that any alteration to an existing park
resulting in an increase in size or change in layout to comply with all the
provisions of this chapter for the altered area.
requires compliance only after an Currently, Section 22-2
or two increase in the gross park area exceeds 10%
acres, or
or two (2)ares,tcollectively mover time. ent of aneStaff xistinfeelsparkthat any change afcts more hin the
layout of an existing park or an increase in the gross park area should be
required to comply with all the provisions of this chapter. Therefore, staff
proposes to add the definition of "Alteration" which is defined as any in-
crease in the gross park area or change in thelayout
which compliance is required. of an existing park for
As a second feature, staff also suggests that any alteration of an existing
park without an approved park plan shall be required to submit a plan which
includes the entire park area in order to establish the present level of
development. Section 22-16 is proposed to be altered which incorporates a
50S
-I
r5
-7
new subitem (c) "existing park plan" which is only intended to require enough
information about existing parks to establish the present level of develop-
ment. Only the altered area is required to meet all the provisions of the
chapter.
bj5/8
SSSS
ORDINANCE d1J,
ORDIWAPCE ffMING CWIPTER 22 OF TIE IOWA CITY CODE
OF OFOINWES ELIMINATING THE REp1IRDeg FOR LI-
CENSING OF MANUFACTM HOUSING PAWS.
SECTION I. PURPOSE, To eliminate the require -
met ° an amua mann actured housing park license
requirenent consistent with State Law, The 71st
General Asserbly of the Iola Legislature aneded
Section 364,3 of the Code of Iona to preclude the
registration and licensing of manufactured housing
{arks. Accordingly, the Park licensing procedure
outlined in Chapter 22, Article II, of the Iowa city
Code of Ordinances, Manufactured dousing Park Ordi-
nance, is being eliminated.
NOW' THE CRE BE IT WIdED BY W CITY CGW-
CIL OF IOWA CITY, IOWA, THAT:
SECTION II. AM:OW. Chapter 22 of the Iowa
Citys heresy amended as fol-
lows:
A. Section 22-2 is deleted and the following is
inserted in lieu thereof:
Sac- 22-2. Applicability,
This Chapter shall provide minirun standards
for the design and development of all new nenu-
factured housing parks and the alteration of all
existing manufactured housing parks. Those
existing manufactured housing parks not meeting
the requirements of this chapter shall, upon any
alteration, meet all the Provisions of this
chapter for the altered area.
B. Section 22-3, Definitions, is deleted and the
following is inserted in lieu thereof:
Section 22-3, Definitions,
As used shall have tthis
hewanirg�indicatad. the Definitions
of the zoning chapter (Chapter 36 of the Iowa
City Code of Ordinances) shall apply to other
terms used herein.
Alteration: Any increase in the gross park
area or change in the layout of an existing
manufactured housing park.
Manufactured housing: Includes mobile and
modular hones as herein defined.
Manufactured housing park: A tract of land
vhich has been planed and improved for the
spaces.
placement of manufactured housing on leased
Manufactured housing space: A plot of ground
within a manufactured housing park designed for
the accanmodation of one manufactured housing
unit and which is leased to the Omer of the
manufactured housing unit.
SVS'
i1
C.
D.
Ordinance No.
Page 2
Mobile hone: A single-family dwelling snit,
built on a chassis, suitable for year-round
occupancy and containing water supply, waste
disposal, heating ard electrical conveniences.
Modular hone: Any single-family dwelling
unit which (i) is manufactured in whole or in
components at a place other than at the location
where it is to be placed; (ii) is assarbled in
whole or in components at the location where it
is to be permanently located; ON rests on a
Permanent fbudation or slab; Ov) does rot have
Wheels or axles affixed as a part of its normal
construction; and (v) does not require a license
by any agency as a motor vehicle, special equip-
ment, trailer, motor hone or mobile hone,
Park: Shall mean a manufactured housing
park.
Parking area: Four (4) or more parking
spaces ard an aisle(s).
Patio: A surfaced outdoor living space
consisting of materials such as woad, brick, or
concrete, or other similar solid and dust free
materials, located at grade and directly adja-
cent to and accessible from a manufactured
housing unit.
Recreation space/open space: That Portion of
the Park that is not cove ref by drives, parking
spaces or aisles, and intenderd to provide for
recreation buildirgs and other recreational
facilities such as swimming pools, tennis
courts, playgrounds and playing fields.
The title of Chapter 22, Article II is hereby
changed to read "RM %QUIRDENIS."
Section 22-16 is deleted and the following is
inserted in lieu thereof:
Section 22-16. Applications.
Any person 40 wishes to establish or alter a
manufactured housing park shall submit to the
City twelve (12) copies of a preliminary plan
meeting the reluirennents of this chapter. The
Preliminary plan shall be crnposed of two (2)
Parts: an existing site plan and the develop-
ment site plan,
(a) Exists site lan. A plan of the existing
c n ons o area proposed for
development shall include:
1. Location map,
2. Development nave,
3. Outline of the tract upon which the
park is to be located.
4. Existing streets and city utilities on
adjoin' g property.
(bj Developent site plan.
1. Lege scrap eon, acreage ard the nave
of the manufactured lousing park.
2. Nam and address of the owner,
SVS
ordinance W.
Page 3
3. Mmes of the persons vho prepared the
plan, the applicant's attorney, repre-
sentative or agent, if any, and date of
the preparation of the site plan.
4. Wth point and graphic scale.
5. Contours at five-foot intervals or
less.
6. Layout of existing and proposed street
systema, lot lines, sidewalks, manufac-
tured housing spaces, and parking
areas.
7. Location of existing and proposed eater
mains, sewers, drain pipes, culverts,
watercourses, storm vater detention
facilities and fire hydrants.
8. O ades of existing and proposed streets
and alleys.
9. Location of areas proposed to be
dedicated or reserved for recreation
space/open space.
10. Location of lard within the park which
is not to be developed at the time of
initial approval of the plan, and
estimated time of development, and uses
proposed for such land.
11. Distances between the park, and
buildings and structures adjacent to
the park.
12. A signature block for edorsement by
the city cleric certifying the council's
approval of the plan.
(c) Existing park plan. If an approved plan of
existing porrions is not an file with the
city, the preliminary plan shall include
the existing or present level of develop-
ment. In order to establish the Existing
level of development, the plan shall in-
clude and identify:
1. Legal description and outline of the
entire manufactured housing park.
2. Existing street system, sidewalks, and
utilities.
3. Manufactured housing spaces.
4. Parking areas.
5. Areas of lard, if any, dedicated or
reserved for recreational or open space
areas, and storm eater detention fa-
cilities.
6. Area within the park not presently
developed.
The plan should clearly distinguish between
the added or altered area, for Which
compliance with all the provisions of this
chapter is required, and the balance of the
existing park.
5050
Ordinance No.
Page 4
E. Section 22-19 is deleted and the following is
inserted in lieu thereof:
Section 22-19. Final Plan Approval.
Final plan approval is an administrative
action. No public notice or hearing is required
in connection with the approval of final plans
or minor charges frau approved preliminary
plans. Approval of final plans and reports for
new manufactured housing parks shall be based on
substantial compliance with the approved pre-
liminary park plan. If the final plan complies
with all plans and specifications of the City,
the final plan shall be approved by the City
Manager or his/her designee.
F. Section 22-21 is deleted and the following is
inserted in lieu thereof:
Section 22-21. Building Permits.
All building permits shall be issued on the
basis of conformance with the final plan or
minor anerdnerts as provided in section 22-2o.
G. Section 22-22, License, is deleted in its en-
tirety.
H. Section 22-24 is deleted and the followirg is
inserted in lieu thereof:
Section 22-24. Fees.
A fee, in an amount to be established by
resolution, shall be paid at the time the pre-
liminary or final plan, or a combination of
preliminary and final plans, is submitted to the
City.
SECTION III.WNAER: All ordinances and parts
Of o mantes m can ut with the provisions of
this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
Provision or PdrL Or is uruinance shall be ad-
judged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a vhole or any section, provision or
Part thereof not adjudged invalid or unconstitu-
tional .
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect after its fma passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
CITY CLEW
Recoiphj ,v,, ;ii; ;un;}
ay
q
City of Iowa City
MEMORANDUM
Date: April 15, 1987
To: City Council
From: Monica Moen, Associate Planner
Re: Proposed Amendments to the Fence and Hedge Requirements of the
Zoning Ordinance
The fence and hedge regulations of the Zoning Ordinance require that a
permit be obtained from the Building Official prior to the erection or
construction of any electric or barbed wire fence or any fence over six
(6) feet in height. An application for a fence permit must be accompanied
by a sketch of the proposed fence and a plot plan showing the proposed
location of the fence.
In order to facilitate enforcement of these regulations, staff, including
Department of Housing and Inspection Services personnel, recommends that
the fence and hedge requirements be amended to require permits for all
fences. Staff members will be present at the April 20, 1987, inform
Council meeting to discuss this proposed provision with you.
If you have any questions, please do not hesitate to contact me at
356-5247.
tp3/8
cc: Don Schmeiser
Karin Franklin
0�
City of Iowa City
MEMORANDUM
Date: March 13, 1987
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner Vk4t-
Re: Proposed Amendments to the Fence and Hedge Requirements
_.T
In instances in which the Board of Adjustment has been assured that the public
health, safety, morals, comfort or general welfare were not endangered or that the
use and enjoyment of properties were not affected, the Board has granted special
exceptions to modify minimum yard requirements to accommodate certain fences.
Because of the number of these cases which have been approved, it is reasonable to
amend the Zoning Ordinance to allow fences and hedges in locations and at heights
which have been determined not to be injurious or detrimental to the general
welfare of the community.
The significant changes to Section 36-65(a) of the Zoning Ordinance that are
proposed include provisions that allow fences, 25 percent solid or less (such as
chain link fences and split rail fences) which do not exceed four feet in height,
to be placed on the property line. In addition, while the present ordinance
prohibits fences and hedges more than two feet in height within the vision trian-
gle of street intersections, the proposed amendment relaxes this provision by
allowing fences not more than 25 percent solid and not more than four feet in
height to be located within this area. The amendment also establishes vision
triangles at intersections of alleys with streets or other alleys and at the
intersections of driveways or aisles with streets or alleys. The proposed illus-
trations are intended to make these regulations comprehensible.
At street intersections, Section 36-65(a)(8) also allows fences to be located
within the vision triangle in those instances in which the grade of the property
increases abruptly between the curb and the property line. In cases in which no
portion of the fence is less than eight feet in height above the curb, a fence may
be located in the vision triangle. An example of the situation that is addressed
by this provision is the property located on the northwest corner of Dodge and
Washington Streets.
Section 36-65(d) of the proposed ordinance requires that permits be obtained for
the construction or erection of all fences. This provision will assure that new
fences will comply with the Zoning Ordinance requirements.
Adjustments in the minimum yard requirements, via special exceptions, have been
made to allow fences which do not conform to the setback requirements. Rather than
adjusting the yard regulations to make these allowances, Section 36-65(e) provides
for a special exception to modify the location and height requirements of the
fence and hedge regulations.
Please note that Sections 36-65(b) and 36-65(c) of the present ordinance remain
unchanged.
If you have any questions regarding the proposed amendments prior to the March 16,
1987, informal meeting, please do not hesitate to call me at 356-5247.
bj5/7
Sf
ORDIRANCE NO.
ORDINANCE TO AMEND THE FENCE AND HEDGE REp11IREPEMS
OF TIE ZONING ORDINANCE.
WEFEAS,the Fence and Hedge Requirerents are
intended to enhance and protect the physical appear-
ance and safety of the camunity and to reduce
obstructions that may contribute to traffic acci-
dents; and
WHEFEAS, modifications to the Fence and Hedge
Requirerents have been made to allow fences and
hedges in locations and at heights which have been
determined not to be injurious or detrimental to the
general welfare of the camunity.
NOW, THEREFORE, BE IT RESOLVED BY TIE CITY OF
IOW4 CITY:
SECTION I. ApEPQENIS:
A. That Section (a) of the Code of Ordinances
is deleted and the following inserted in lieu
thereof:
(a) Location and height limits. Except as
otherwise provided in this chapter, all
fences and hedges, when located within a
front, side or rear yard or within five (5)
feet of a lot line, shall be subject to the
following location and height requirerents:
(1) No part of any fence or hedge shall
extend into public right-of-way. The
mew or occupant of property abutting
the public right-of-way shall be
responsible for trimming the hedge to
comply with this provision.
(2) No part of any fence more than 25
percent solid shall be located within
one (1) foot of an alley or street
right-of-way line.
EXCEMON:
If the inner edge (that is, the
edge furthest from the street) of a
public sidewalk, or of the anticipated
location of a sidewalk where one does
not now exist, is two (2) feet or more
from the right-of-way line, a fence
more than 25 percent solid may be
located on the property lire.
(3) No part of any hedge shall be planted
within far (4) feet of an alley or
street right-of-way line.
(4) In'R zones or within 50 feet of a lot
with a residential use at ground
level, fences within a front yard, and
any yard treated as a front yard
pursuant to Section 36-67(b), shall
not exceed four (4) feet in height.
S�
Ordinance No.
Page 2
(5) No portion of any fence pore than 15
percent solid shall exceed eight (8)
feet in height.
(6) Along priimry arterial streets identi-
fied as such in the City's CcMrehen-
sive Plan, a fence my be constructed
to a height of eight shall be located
(7) No fence or hedge
within a triangular area at street
intersections two sides of which. when
measured from the point of intersec
tion of curb lines, are 70 feet in
length along arterial streets, 50 feet
in length along collector streets, and
3o feet in length along local streets.
EXCEPTIM:
a. Fences and hedges not Imre than
two (2) feet in established or
mature height above the level of a
point on the curbclosest located
to this
fence or hedge, area -percent within the triangular
b. Fences not more than 25
solid may be located within the
triangular area.
C. eightc(8) feet or rortom oef n,i �t
above sated a itcur
in the triangular
sena. shall be located
within a triangular (8) No fence a harea at the inter-
section of alleys with streets or
other alleys two sides of which, when
meaof the urfight of-wraY lines, re
oint ofnt e10
feet in length.
EXCEPTIONS:
a. Fences and hedges not ore than
two (2) feet in established or
Mire hnt on ttheht thrighve thof-wayl of a
line
closest to the fence or hedge, mey
be located within the triangular
area. t
b. Fences not more than 25 percen
solid nay be located within the
triangular area.
(9) No ated
withinnce a trriiangular arealbe at the inter-
streets or alleys bro sides of driveways or aisles
of which.
when measured fran the ppoine drit of vnter-
eways
section of the edge
Ordinance No.
Page 3
or aisles with the right-of-way line
of streets or alleys, are 10 feet in
length.
EXCEPTIONS:
a. Fences and hedges not more than
h,o (2) feet in established or
mature height above the level of a
point on the right-of-way line or
edge of the driveway or aisle
closest to the fence or hedge, my
be located within the triangular
area.
b. Fences not Imre than 25 percent
solid may be located within the
triangular area.
That Section 36-65 of the Code of Ordinances
shall be amended by adding the following new
section:
(e)Tal extion. In cases involving
special c i ons not due to the property
owner's own making, the Board of Adjustment
may grant a special exception to modify the
location and height requirments of the
fence and hedge regulations. However, in
no case can the Board of Adjustment grant a
special exception for a fence in an R zone
more than 15 percent solid which exceeds
eight (8) feet in height.
MON II. REPEALER: All ordinances and parts of
nances n con ct with the provisions of this
finance are hereby repealed.
TION III. SEVERABILITY: If an section, provi-
>n or par ot thisOadVi—nance shall be adjudged to
invalid or unconstitutional, such adjudication
ill not affect the validity of the Ordinance as a
)le or any section, provision or part thereof not
fudged invalid or unconstitutional.
TIONIV. EFFECTIVE DATE: This Ordinance shall
n e a s final passage, approval and
lication as required by law.
Passed and approved this
:ST:
CITY CLERK
Recohred a Appmmd
...._" y-"", _ •f it/F1
VISION TRIANGLES AT INTERSECTIONS
Sec. 36-65(0)(7) STREET INTERSECTIONS
ARTERIAL STREET
INTERSECTIONS OF ALLEYS WITH STREETS OR OTHER ALLEYS
STREET
SIDEWALK
j w
J VISION TRIANGLE
I I ,
I a I
RIGHT-OF-WAY LINE --j
I I
Id
LId --------------------
ALLEY
Sec. 36-65(01(91
INTERSECTIONS OF DRIVEWAYS OR AISLES WITH STREETS OR ALLEYS
STREET
DN TRIANGLE � I I \-- SIDEWALK
LINE N
Q
SrAl
-1
It was moved by , and seconded by
that the Ordinance as rea e a op ed and upon roll call there were:
AYES: NAYS: ABSENT:
_ AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
504
City of Iowa City
MEMORANDUM
Date: March 30, 1987
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner
_1
Re: Proposed Amendment to Section 36-58(c)(3)a.3 of the Zoning Ordinance
C or Section one t(c)(3)a.3 of the Zoning Ordinance prohibits parking areas in a
area, Ibyodefinition, iseanw off-street facility n five feet of ndesignedbfor dmore hanrfour
vehicles and includes parking spaces, aisles and tree islands.
oreIpzobes proposedordinanceiabuteR izoneintended
boundaries and whit llow t�ave arpermanentsdust hfree
surface to remain within five feet of an k—zone boundary if the parking area
is screened from view by a solid fence which complies with the screening
requirements (Section 36-76(ce. and the fence and hedge requirements (Section
36-65) of the Zoning Ordinance.
The purpose of the regulation to prohibit parking areas within five feet of
an R zone is to buffer the effects of
zone also permitparking areas which are in close prox-
imity to residential uses. A depth-' five feet between an R zone and a C or
I s a planting bed for vegetative screening materials in
instances in which screening is required by the Zoning Ordinance. For exist-
ing parking areas which are not five feet from an R zone boundary, a solid
fence which meets the screening, and fence and hedge requirements can achieve
the intentions of the five foot setback regulation.
This aor for mendment is not intended to offer the same flexibility for new parking
Inethose instances,�gaafive foot which
do not have a setback from anpRrzone nboundary, that
dust-free
Of a solid enable a vegetative screen to be planted if required, is preferred to the use
solid fence asnaescreeningThe calternativereening regulonly tionwhen ondi�tions6would s of Secton )not rallow
anew planting screen to thrive. In C or I zones which abut an R zone boundary,
tion ofkanpermanent areas and
dust-free surface, then,are
mustb a design d roved to prohithe bit the
location of parking areas within five feet of an R zone.
The staff recommends adoption of the ordinonce submitted
l
Approved by. Ahme
�o6hl, irec or
Department of Planning &
tpl/1 Program Development
5W
M MMS CONSULTANTS, INC.
M465 IOWA HIGHWAY No 1 WEST . IOWA CITY . IOWA 52240.3195
319.351.8262
LN Apr iI 10, 1987
aoben 0. Mickel...
L.S.
Larry R. SchnlBler
L.A.
Christopher M. Stephan
P.E.
Lee J. Tipp,
P.E.
Dean E. Beranek
L.S.
Monica Moen, Planner
w Department of Planning $ Program Development
a Civic Center
410 E. Washington
w Iowa City, Iowa 52240
L
I
u REI Proposed Amendment to Section 36-E8(c)(3)a.3 of the Zoning Ordinance
a
w Dear Ms. Moen,
I B
a I have discussed the Proposed Ordinance Amendment with Dennis Aussenhus,
j a of Hy -Vee, and we have no serious reservations with the Amendment.
D
z
Dennis informed me that Hy -Vee representative(s) will be
ly
contacting the affected neighbors to explain the ordinance requirementssand lto
hopefully acquire the neighbors concurrence in the replacement of the existing
fence with a fence meeting the requirements of the proposed Ordinance
Amendment.
D i
z If there are no serious objections to the proposed Ordinance Amendment,
i z Hy -Vee requests that the Council's first consideration be given after the
ez Public Hearing on April 21, 1987 and that the subsequent readings be condensed
IL and the final approval of the Ordinance be given at the following meeting.
If you have any questions regarding the above , Please feel free to
contact either Dennis or me accordingly.
LRS/cas (0226005C.02)
cc, Dennis Aussenhus
Hy -Vee Food Stores, Inc.
Charlton, Iowa 50049
Sincerely,
NMS CONSLLTANT , INC.
Larry R. Schnittjer
WL:'L1Ls3VLB
APR 13 1981
P.P.D. DEPARTMENT
%7 7
ORDINANCE No, _
ORDINANCE To A4M 7NE OFF-STREET PARCING REQUIRE -
TION
OF DE ZONING OMIW14CE To CLARIFY THE UIRELOCA-
TION REQUIRMTS OF EXISTItG PAWING AREAS INA C
CR I ZONE WiICH ABUT AN R ZONE BoIMARY.
intended to m nimize congestionnnand parkin on are
street and on adjacent Parking on the
WfREAS, the Off- Street and
R
establish provisions which Parking Requirements
Parking spaces, aisles and drives; and location of
*EFFAS, it is desirable to restrict the location
of parking areas within Comercial or industrial
zones which abut residential zone boundaries to
moderate the effects of parking areas hated adia-
cent to residential zones.
NOW- Tlfl€FORE, BE
OWI CITY:
IT RESiLVED BY M cny OF
I
36
SECTIONI. That Section
amendedby deleting s71F1 6� Oinances shall be
aid Sectionandinserting
lieu thereof the following; in
3. A parking area in a C O• I zone shall not be
located closer than five (5)
boundary;feet to an R zone
paexcept an existing non -conforming
parking area am with a pervanent, dust -free surface
nay be located within five (5) feet of an R zone
boundary if the parking area is screened from
VIEW within the R zone by a solid fence of
durable construction which coaplies with the
regulations 11. of Sec. 36-76(j) and Sec. 36-65Of .
SECTION II, REPEALER All ordinances and parts
rences n co n with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY; If any
Prov s sectio,
or or part of ue o nanca shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a
whole or any section, provision Or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance
shat e n e fect of a is na passage, approval
and Publication as required by law,
Passed and approved this
ATTEST:
Rn;aly*d 3, A,4n:rrocd
By T t. i•:g.:i f^^.Ntin.t:
'iyw` d7
S*7
It was moved by
that the Ordinance as rea and seconded by
e a op ed and upon roll ca ere were: '
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALO
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
J ��
_.I
ORDINANCE NO. 8787_
ORDINANCE APPROVING Tl{ pREIIMIN4RY q plryU
Im.HOUSING (PON) PLAN FOR SIM41T PLACE, It qTN_
BE IT ORDAINED BY TlE CITY COINCIL OF H CITY OF
IOW4 CITY, I0144. THAT;
SECTION
1. APPROVAL.
nto thhepreliiry roval
Plan Submitted AWellsfor Surmit Place legally described as follows:
Camencing at the lbrtheast Corner of the South -
Range 6 West of
east quarter of Section 15, Township 79 North,
tfe Fifth Principal Meridian;
Thence S90900.00 -W 208,30 feet; Thence
S01 45 11 'W, 35.01 feet to a pin found at the
intersection of the South lire of Kirkwood Ave-
nue, and the East Line of Marcy Street in IowaCity, Iowa, which is the Northwest Corner of lot
Re all in accordance lBook with a Plat of Survey as
Recorded in Plat Book 2, Page 36, Johnson County
corner
Recorder's Office, Johnson Canty, Iowa, said
Thence Nq 0o0O'OO Lot 5 being the Point of Beginning;
E (An Assured Bearing for the
Purpose of this Description) along the South Line
of said Kirkwood Avenue, 246.01 feet, to the East
face of a Brick Colum; Thence SO1045'll"W,
parallel with said Marc
ar Street, 463,05 feet to a
found pin; Thence N'02o2found Pipe; Thence � '� gz8 95 (feet. to a
10 W �eet. Thee feet; Thence NOlo45'11"E,
Thence N01045111"E, 12"50�'WI 9000
feet; feet;
X000'00"W, 100.00 feet to a found Pi Thence
East Line of said . on the
N01o45'll"E ern Street; Thence
Street, 193.611f�eet to theEastLine Point of said Marcy
Said tract of land contains 1.68 ac s nOre Or
less.
SECTION II. VARIATIONS, Variations from the
requirements of the under yang RS -5 zone have been
approved as Part of this plat/plan. The variations
permit:
a. Nine multi -family dwellings, located in three,
three -unit structures, The units have been
designed in a mermen cmpatible with the sin-
gle-family character of the neighborhood, Reten-
tion of the minimm setback requirerents of th
underlying zone and of a e
existing reture trees significant of
on the site, and enploy-
meet of a variety of On
and landscaping
methods enable integration of the developrent
into the existing neighborhood and buffering of
this use from adjoining land uses.
b. Reduced pavement width requirarents from 28 feet
s 1 feet. Reduction of the Pavement width
still allows the safe and efficient rrovement of
SV?
Ordinance No. 87-3316
Page 2
vehicular traffic on the private drive within
the smell, non -through street develgrrent.
Because parking along the private drive will be
prohibited, the proposed pavement width, along
with provisions on the site for fire apparatus
access, will allow the circulation of emergency
vehicles on the property. As no through drive
will connect the Marcy Street and Kirkwood
Avenue access drives, a reduction in the pave-
ment width on this tract will have no effect on
traffic circulation outside the developrent.
c. No internal sidewalks. Due to the spell scale
of this development, its compact arrangerent,
the limited amount of traffic anticipated on the
private drive, and the availability of common
open space which may serve as an alternative to
sidewalks for pedestrian use, sidewalks are not
regarded as necessary within the development.
d. Modification of fence location and height re-
quirarents. The proposed fence along the Marcy
Street and Kirkwood Avenue rights-of-way and
along a portion of the east property line of the
tract will reserble the existing fence and will
not exceed the present height of the fence. The
proposed design and location of the brick and
iron fence will not inpair sight distances in
the vicinity of the Kirkwood Avenueftrcy Street
intersection and will not restrict visibility of
the sidewalks or of traffic leaving the develop-
ment and entering either Marcy Street or
Kirkwood Avenue.
e. Neighborhood Involvement. In accordance with
the requirenents for planned developments,
neighboring property owners have been notified
of the project by the developer, and have met
with the developer to discuss this proposal. The
developer has cooperated with property owners to
conserve many existing trees on the tract, to
retain the general design of the existing fence,
and to incorporate screening and landscaping
alternatives recommended by the weer of an
adjoining property. These efforts will diminish
the impact of this nulti-family residential
developneht on adjacent single-family residences
and will result in a developriont that will blend
with the surrounding neighborhood.
SECTION III. CERTIFICATION, The Mayor and City
Clerk are hereby au oriz and directed to certify
the approval of this Ordinance, which shall be
affixed to the preliminary PCIi plan, and the City
Clerk shall record this preliminary PDH plan at the
Office of the County Recorder of Johnson County,
Iowa.
S�'
__T
49
i
Ordinance No. 87-3316
Page 3
SECTION IV. REPEALER: All ordinances and parts
Of ordinances inconf ut with the provision of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY: 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, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE GATE: This Ordinance
shal tp in effect after its final passage, approval
and publication as required by law.
Passed and approved this 21st day of April,
1987.
M4Y ,
ATTEST:
itt:tilr*d li AMo,rod
3'i Tir, t.:,n! r �,
zr; 7T�rtt
5�9
__7
It was moved by McDonald and seconded by Strait
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
COURTNEY
DICKSON
_ x MCDONALD
X STRAIT
x_ ZUBER
--7
First consideration 4/7/87
Vote for passage: Ayes: Courtney, Dickson, McDonald,
Strait, Zuber, Ambrisco. Nays: None. Absent: Baker.
Second consideration ----------
Vote for passage
Date published 4/29/87
Moved by McDonald, seconded by Strait, 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: Strait, Zuber,
Ambrisco, Baker, Courtney, Dickson, DcDonald.
Nays: None. Absent: None.
.sT-9
OfmIN1APCE NO.
OF TVE
IO CI CODE CF DMINANCES, FELATiNG TOIF
A LI14BING
fEWTIONS, BY ADOPTING l -E 11�NEDDITI S P
INIFOR4 R.UNIBING CODE, WIlN
NO
ADDITIONS, AM PWVIDING FOR ITS ENFOW2EEW,
BE IT ENACIED BY lVE CIlY COU CIL OF IDrIA CITY,
IOJA: The purpose of this
SECTION I. RAE• 1985 Edition of the
Lklifo
ordinance u o a o red and edited by the
Uniform conal A Code, as prepared
International Association of Plmbirg and Mechanical
officials and to provide for certain anedients
thereof; to provide for the Protection of the
health, welfare, and safety of the citizens of Iota
City, Iowa; and to provide for the enforcement
thereof andpenalties for violations thereof.
SECTION II. ADOPTION. Chapter 8, Article VII,
of Ion Cnty C of ordinances is hereby
repealed and substituted in its place is the
following new Article VII:
ARRCIE VII. MMM -
DIVISION I. GElEM LY.
MMDN 8-161. CODE-AWKED. Sibject to the
waxtneots described in Section B-162,
Chapters 1 through 13 and Appendix
Cofthe1985
Edition of the Unifom Plurbing Cade promlgated by
the International Association of PlIffbingshall
Mechanical officials are hereby adopted,
and be know, as the Ione City Plurbing Code, or the
Plmbmg Code. The Cade adopted by
sETION 8-162. RE1EMM.
Section 8-161 of this Chapter is hereby amended as
follows: adding the following
Section 111 is wended by
definitions:tenn 'inactive
(d)1 Plurber, inactive. Tie
plurber" licensed
shall mean any plumber who
is not curerity enp oyed nor
actively
participating in the pluTheIng � .journeyman
(d)2 Pluber', journe1�^•
plmber means any licensed Person who labors
at the trade of P1 Ing as an employee.
(d)3 Plmbe•, master. The tern 'fiaste' plurber"
means any licensed person who udertakes or
offer
supervise, and dokplurbig
n planfor,
a�fixed ysun,
fee, or other canpensatien.
sectio120 is weeded by adds g the following
definition:
(d)1 Sewer and Dater service installer. The term
"sere" and water service installer" shall mean
any Person ercen� that nnportionall onOf the
the
building sera'
Ssj
_-T
Ordinance No.
Page 2
building drain from outside the building wall
to just inside the building wall and the water
service from the water nein to the building
water mete.
Section 401(a) is amended to read as follows:
(a) Drainage pipe shall be cast iron, galvanized
steel, galvanized wrought iron, lead, copper,
brass, ADS, PVC or other approved materials
having a smooth and uniform bore, except that:
1. Galvanized wrought iron or galvanized steel
pipe shall not be used underground and
shall be kept at least 6 inches above the
ground.
2. ABS and PVC pipes aid fittings shall be
marked to show conformance with the
standands in the code. ABS and PVC
installations are limitai to construction
rat exceeding the following conditions:
A. Horizontal and vertical piping shall be
installed with restraint fittings or an
approved expansion joint or a minium
of 24" 450 offset every 30 feet.
B. All installations shall be made in
accordance with the manufacture's
recommendations.
C. Installations shall not be node in any
space where the surrounding temperature
will exceed 1400 or in any construction
or space where combustible materials
are prohibited by any applicable
building code or regulation or in any
licensed institutional occupancy except
where special conditions require other
than metal pipe, i.e., in acid waste or
deionized water systems, plastic pipe
and other neterials may be approved by
the adninistrative authority.
D. No plastic pipe shall be installed
underground.
NOTE: Installation of ABS and PVC piping
beyond the limits of (D) may be approved by the
administrative authority for a particular rase
when certified by a professional engineer.
3. Cl soil pipe, and type M copper pipe shall
be the only materials permitted for
underground installation within a build-
ing.
Section 403(a) is amended by adding the
following sentence:
There shall be at least one 4 -inch drain pipe
from the sewer to the drainage stack.
SF3
Ordinance No.
Page 3
Section 409(a) is aneided to read as follows:
(a) Drainage piping serving flood
fixtures
level rims of which are locat, the
tie he the
elevation of the curb or property lire at the
Point Where the building setter crosses udder
the
level curb or Property line, and above the cram
of the nein seiner, shall drain by gravity
into the main sewer, and shall be protected
from backflow of sewage by installing an
approved type backwater valve, and each such
backvater valve shall be installed only in that
branch or
section of the drainage systen which
the discharge from fixtures located
below the elevation of the curb on property
shall requirements of this subsection
necessary by ie When it is determined
Y the administrative authority or
the engineers of the governing body, based on
local conditions.
Table 4-3 is amended by deleting reference to
footnote 3 for vent piping maxinm units of 1 112
inch (38.1 nm) pipe size.
(a)
Section 502 is anerded by deleting subsection
follows: ng new subsections (a), (c) and (d) as
(a) No vent will be required on a three-inch
bbasene't floor drain provided its drain
branches into the house drain on the Selmer. side
at a distance of five feet or pore frog the
base of the stack and the branch line to such
floor drain is not more than 12 feet in
Iength.
(c) In
Will be le- and tWA-family dwellings no vest
Provided ap,
Will required on a two-inch basenent P tr
the drain branches into a Properly
ventedpro
house drain or branch three inches or
ldete', on the sewer' side at a distance of five
feet r more from the base of the stack and the
branch t into such P trap is not "ore than eight
length. In buildings of ane interval,
intoethe Onlstack lavatory, sink or urinal empties
, the five foot distance
base of the stack does rot aa{{ppi frvn the
(d) Whene Permitted by the Adninistrative Author_
itY, vent piping may be omitted on basent
water closets in rercdeling of existing
construction only,
(2) and adding new
tin 503(a) is andel by deleting subsection
as follows; as (2) and (3) reading
5'8.9
.
_1
Ordinance No.
Page 4
(2) ABS and PVC Pipes and fittings shall be marked
to show conformance with the standards in the
Cade. ABS and PVC installations are limited to
construction not exceeding the following
conditions:
(A) Horizontal and vertical Piping shall be
installed with restraint fittings or an
approved expansion joint or a minimum of
24" 450 offset every 30 feet.
(B) All installations shall be made in
accordance with the manufacturer's recon.
mendaticns.
(C) Installations shall not be made in any
space where the surrounding tenperature
will exceed 1400 or in any construction or
space where carbustible materials are
prohibited by any applicable building code
err fire regulation or in any licensed
institutional occtpancy eccePt Where
special conditions require other than
metal Pipe, i.e. in acid Waste or
deionized Water systems, plastic pipe or
other materials may be approved by the
administrative authority.
(0) No Plastic pipe shall be installed
underground.
NILE: Installation of ABs and PVC piping beyond tide
limits of (D) may be approved by the administrative
authority for a particular case When certified by a
professional engineer.
(3) CI soil pipe and Type M copper pipe shall be
the only materials Permitted for undergrourd
installation within a building.
Section 501(a) is aneded by adding the
following sentence:
There for each building.
be at least one 3 -inch main stack
Section 505(d) is amended to read as follows:
(d) All vent pipes shall extend undiminished in
size above the roof, or shall be reconnected
with a soil or waste vent of proper size. No
vent smaller than three inches shall extend
through the roof.
Section 505 is anended by adding a subsection
(9) to read as follows:
(g) In all new residential construction with a
baserent, at least ore 2 -inch dry vent shall be
available in the'basenent for future use.
Section 506(a) is amended to read as follows:
(a) Each vent Pipe or stack shall extend through
its flashing and shall terminate vertically not
less than 12 inches above the roof and not less
than 12 inches from any vertical suface.
553
Ordinance Fb.
Page 5
Section 506(c) is anendded to read as follows.
(c) Vent pipes shall be extended separately or
cmbined, of full required size, not less than
12 inches above the roof or fire wall.
Flagpuling of vents is prohibited except where
the roof is used for purposes other than
weather protection. All vents within ten feet
Of any Part of the roof that is used for such
other purposes shall extend not less than seven
feet above such roof and shall be securely
stayed.
Section 608(c) is aneaded to read as follow:
(c) Pb domestic dishwashing machine shall be
directly connected to a drainage systen or food
waste disposer without the use of an approved
dishwasher air -gap fitting on the discharge
side of the dishwashing machine, or by looping
the discharge line of the dishwasher as high as
Possible near the flood level of the kitchen
sink. Listed air -gaps shall be installed with
the flood level (FL) marking at or above the
flood level of the sink or drain board,
whichever is higher.
Section 613 is anended by adding a new subsec-
tion (d) to read as follows:
(d) The following wet venting conditions are given
as exanples of c=W conditions used in
residential construction which are allowed
under this code, provided the Piping sizes are
maintained as required by other sections of
this code and the wet vented section is
vertical:
(1) Single bathroom groups. A group of
fixtures located on the Sam floor level
may be group vented but such installations
shall be subject to the following linita-
tions
(a) Two fixtures with a combined total of
four fixture units my drain into tha
vent of a three inch closet branch.
(b) One fixture of two or less units nay
drain into a vent of a one and
one-half inch bathtub waste pipe.
(c) Two fixtures of two or less units
each my drain into the vent of a
two-inch bathtub waste serving two or
less tubs providing that they drain
into the vent at the Sam location.
(2) A single bathroon group of fixtures on the
top floor nay be installed with the drain
fran a back -vented lavatory serving as a
wet vent for a bathtub or shower stall and
for the water closet, provided that:
,553
_T
Ordinance No.
Page 6
(a) Not more than one fixture unit is
drained into a ore and one-half inch
diameter Net vent or not more than
four fixture units drain into a
two-inch diameter wet vent.
(b) The horizontal branch shall be a
minimum of two inches and connect to
the stack at the sae level as the
water closet drain or below the water
closet drain when installed on the
top floor. It may also connect to the
water closet arm.
(3) Cocoon vent. A canon vent may be used
for two fixtures set on the sare floor
level but connecting at different levels
in the stack providing the vertical drain
is ore pipe size larger than the upper
fixture drain but in no case smaller than
the lower fixture drain.
(4) Double bathroom group. Where bathrooms or
water closets or other fixtures are
located on opposite sides of a wall or
partition or are adjacent to each other
within the prescribed distance such
fixtures may have a canon soil or waste
pipe and common vent. Water closets having
a canon soil and vent stack shall drain
into the stack at the sane level.
(5) Basement closets. Basement closets or
floor drain in one -and two-family
dwellings nay be vented by the waste line
from a first floor sink or lavatory having
a one and one-half inch waste and vent
pipe.
Section615 is anaded by adding the following
subsection (h):
(h) In lieu of the conventional conbination waste
and vent system, a loop systen consisting of a
drain sized one pipe sire larger than the trap
may be used provided that such drain pipe
continues tpard beyond the trap arm as high as
possible and returns to the tap of the drain
system, below the floor, downstream on the
horizontal drain. Loop systems must be
approved by the Plumbing Inspector prior to
installation and shall be limited to sinks and
lavatories in islands or in remodeling work.
Table No. 7-1 is amended to read as follows:
"3
_-T
Ordinance Pb.
Page 7
TABLE 7-1
Horizontal i0 siance of Trap Arms
(Except for Nater closet
and similar fixtures)
Trap Arm Distance
�— Trap to Vent
(Inches) (Feet)
1-1/4 ...............................
5
1-1/2 ...............................
6
2 ...............................
8
3 ...............................
12
4 and larger ........................
12
Slope ane -quarter inch per foot,
*The developed length between the trap of a Neter
closet or similar fixture (measured from the top of
closet ring to inner edge of vent) and its vent
shall not exceed six (6) feet.
Section 1004(a) is amended to read as follows:
(a) Water pipe and fittings shall be of brass,
copper, cast iron, galvanized malleable iron,
galvanized wrought iron, galvanized steel, or
other approved materials. Lead pipe, lead
solders and flux containing more than 0.2
percent lead shall not be used in any potable
water system. Asbestos -cement, CPUC PB, PE, or
PVC water pipe manufactured to recognized
standards may be used for cold water distribu-
tion systems outside a building. All materials
used in the water supply system, except valves
and similar devices shall be of a like
material, except where otherwise approved by
the Adninistrative Authority,
Section 1105 is amended to read as follow;:
Section 1105 - Size of Building Sewer, The
minium size of any building sewer shall be four
(4) inches.
Appendix C is weeded to read as follows:
Whenever urinals are provided, ane (1) water
closet less than the number of specified prey be
provided for each urinal installed, except the
nurber of water closets in such cases shall rot be
reduced to less than one-half (1/2) of the minimum
specified.
Appendix C, footnote B, is added to read as
follows:
The adninistrative authority may reduce the
occupant load of a building, for the purpose of
determining minimun plurbing facilities, by mp to
S53
-.I
Ordinance No.
Page 8
twenty-five (25) percent provided that the arrange-
ments of the facilities allows for convenient access
by all occupants.
DELETIONS: The following sections of the 1985
Edition of the Uniform Plumbing Code adopted by
Section 8-161 of this Chapter are hereby deleted:
Part I, Adninistration.
Section 310(c).
Section 1008(f)
SECTION 8-163. GARAGE ROdl GRAIN.
Garages and other structures for the housing,
sale, or repair of automobiles, or for the commer-
cial washing, on repairing of autanabiles, and which
connect with the sewer, shall be provided with a
Proper rteans for draining the floss and repair pits
so that no drainage therefrom shall flow over any
street, alley, sidewalk, or pavement approach. Such
drains shall be so constructed as to have a device
for catching sand, silt, or other solids, shall have
a seal depth of not less than six (6) inches above
the sand receiver; and the outlet shall not be
smaller than a four (4) inch connection. All
materials used for vents and waste lines shall
conform with the other provisions hereof. The trap
shall be constructed of cast iron, cement, or had
burned brick laid in cement Mortar with an accessi-
ble iron cover. Any place of business where
gasoline, benzine, raptha, or other inflarmable
solutions or carpourds are used or kept shall be
Provided with special drains in the same roamer as
those required for garages. Such drains and traps
must be approved by the plurbirg inspector.
SEMON 8-164. COItEC OW TO TW PUBLIC SEI R.
Unless special permission is endorsed on the
permit, the junction pieces, slants or Y's which
have been built into the sewer durirg construction,
Must be used for connecting all private sewers or
house drains.
In all cases the trench must be of ample width
at the point of connection and all rubbish removed
for purpose of inspection; and the actual connection
with said junction piece, slant, or Y must be made
in the presence of the plumbing inspector or his
authorized agent. The cover on the Y branch on the
sewer should be carefully removed in order to
Prevent injury to the socket. If there is no
Junction piece, slant, or Y already in the sewer, a
Permit to tap the sews will be granted by the
plumbing inspector; and the connection shall be made
by the use of an approved saddle tap fitting.
The excavation showing the connections shall be
kept open by the plurber until the plurbing
inspector has been notified.
5FW%
__7
Ordinance tb.
Page 9
WM: hbrtar connections trey be authorized by
the plumbing inspector when soil conditions and
trench depth warrant special consideration.
SECTIONS 8-165 - 8-170. FESSM.
DIVISION 2. AOONISTRATION AND EIFMCOUT.
SECTIO! 8-171. BOARD OF ER/MINMS.
A. Creation. There is hereby established a Board
of Examiners of Plunbers for the City of Iona
City.
B. hianbership. The Board of Examiners of Plurbers
shall consist of four menbers who shall be
appointed by the hlayor with the concurrence of
the City Council; ane shall be a master plurber;
one shall be a journeyman plumber; and bro shall
be representatives of the public who are
qualified by experience and training to pass
upon matters pertaining to the plunbirg trade
and interpretations of the plurbing inspector. A
chairman shall be elected annually from the
appointed members. The plumbing inspector shall
be an ex officio nerber of, and serve as
secretary to, the Board. All appointed members
of the Board shall be qualified electors of the
City of Iowa City, Iona, and shall serve without
canpensation.
C. Terms. The term of office for each appointed
m erber shall be two years; and no appointed
nerber shall be appointed to more than two
consecutive terns an the Board. All terms shall
comrance on January 1st of the year of appoint-
ment. Three members of said Board of Examiners
shall constitute a quorLrn for the transaction of
all business.
D. Duties. It shall be the duty of the Board of
Examines to examine each applicant desiring to
engage in the work of plumbing, whether as a
master plwtxr, a journeyman plurber or as a
sewer and vater service installer. The Board
shall examine applicants as to their practical
lawledge of plurbing; and if an applicant
demnstrates his/her ampetency therein, the
Board shall issue a license authorizing the
applicant to engage in the work of plurbing.
The Board of Examiners, except the plurhing
inspector, shall also serve as a Grievance
Board. Should any disagreement arise between a
master plumber and the plumbing inspector
relative to the proper or improper installation
of any work governed by this chapter, either
party my appeal to the Grievance Board vhich
shall pass judgrKnt on that matte. If a
plurber on the Board is involved in the dispute,
the other nerbers of the Board shall appoint an
alternate, qualified master plurber vho is an
,553
-1
Ordinance No.
Page 10
elector of the City of Iowa City, Iowa, to act
in his stead. Appeals shall be in accordance
with the procedures set forth in the Iowa City
Adninistrative Code (Chapter 2, Article IX).
SECTION 8-172. LICENSES.
A. No person shall undertake or offer to undertake
to plan for, lay out, supervise, or do plurbing
for a fixed sun, fee, or other canpensation
within Iowa City unless such person shall have
obtained a master plurber's license fron the
City.
B. No person shall knrk as a jouneymn plurber
within the City until such person shall have
obtained a journeyman plunher's license from the
City.
C. No person shall kork as a seer and water
service installer within the City until such
person shall have obtained a seer and water
service installer's license.
SECTION 8-173. APFUCATIBN.
Any person required by this ordinance to
possess a license for plurbing kork shall make
application to the Board of Examiners of Plurbers.
SECTION 8-174. APFLICATION AN) EX MINATION
FEES.
The examination fee for those persons applying
for a license for plurbing work shall be established
by resolution of Council, and shall not be refunded.
SECTION 8-175. UCENSING STAN3AtbJ5.
The Board of Examines shall issue licenses
pursuant to the following provisions:
A. A master pturber's license shall be issued to
every person kho demonstrates satisfactory
carpletion of one year's experience as a
licensed journeyman plurber, and successfully
passes the examination conducted by the Board of
Examiners of Plumbers. The fee for the license
shall be set by resolution of Council.
B. A journeyman plumber's license shall be issued
to every person kho demonstrates satisfactory
canpletion of fomr year's experience as an
apprentice plumber, and successfully passes the
examination conducted by the Board of Examiners
of Plurbers. The fee for the license shall be
set by resolution of Council.
C. A sewer and water service installer's license
shall be issued to every person kho successfully
passes the examination conducted by the Board of
Examiners of Plurbers. The fee for the license
shall be set by resolution of Council.
SECTION 8-176. I&EX MINATIOS.
Any person kho fails to pass the examination may
apply for re-examination at the next regularly
scheduled examination.
SS3
Ordinance No.
Page 11
SDMON 8-177. REJOALS.
Every license which has not previously been
revoked shall expire on Decerber 31st of each year.
Renewal fees shall be as established by Council.
Any license that has expired may be reinstated
within sixty days after the expiration date upon
payment of an additional ten dollar reinstatement
fee. After the expiration of the aforementioned
sixty-day period no license shall be renewed except
upon re-examination.
SECTION 8-178. IlOWTION.
A. The Board of Examiners of Plurbers may revoke
any license issued by then if the license holder
shows incompetency or lack of knowledge or if
the license was obtained by fraud. Licenses are
rot transferrable. The lending of any license
or the obtaining of permits thereunder for any
other person shall be deem cause for
revocation.
B. evocation shall occur only after the pluubing
inspector has given the licensee written notice
and an opportunity for an administrative hearing
before the Grievance Board. Such notice and
hearing shall be conducted pursuant to the
provisions of the City's Administrative Code
(Chapter 2, Article Ix of the City Code of
Ordinances) .
C. If a license is revoked for any reason, another
license shall not be issued for at least 12
months after revocation.
SOMON 8-179. IWLMVE LIC1715E.
Any current plumbing license may be classified
as inactive upon written request of the licensee.
Once so classified, the license holder is permitted
to maintain his/her plurbirg license as current but
will not be permitted to obtain a plumbirg permit
nor otherwise actively participate in the plumbing
trade in Iewe City. The license may be reactivated
within three (3) years upon payment of the full
license fee for that year. After a license has been
classified as inactive for three (3) yeas or more,
or has been previously reactivated twice, a
reactivation e(an shall be required. The fee for an
inactive license shall be set by resolution of
council.
SECTION 8-180. PEWIT FEWIM).
A. It shall be unlawful for any person to install,
remove, alter, repair, or replace or cause to be
Installed, renoved, altered, repaired, or
replaced any pluubing, gas or drainage piping
work, or any fixture or water heating or
treating equipment in a building or penises
without first obtaining a permit from the
plmbirg inspector.
553
_-T
Ordinance No.
Page 12
B. A separate permit shall be obtained for each
structure.
C. Permits are required in order to peke connec-
tions with public sewers and will be issued only
when the plurbing on the premises to be
connected is in coapliance with the provisions
of this article.
0. No permittee shall allow any person not in
his/her employ to do or cause to be done any
work under a permit.
SECTION 8-181. IIDRC NOT REQUIRING A PSNIT.
No permit shall be required for the following
repair work: the stopping of leaks in drains or
soil, waste or vent pipes, and the clearing of
stoppages in pipes, valves or fixtures. Havever, if
it becares necessary to rerove, replace or rearrange
any part, it shall be considered new work which
requires a permit.
SECTION 8-182. PERCU.
A. Only a person holding a valid nester plumber's
license issued by the City of Ioe City ray
obtain a permit to perform work regulated b
this article, except as further provided in this
section.
B. A permit may be issued to the cwner of an
existing single-family duelling, which is
owner -occupied pursuant to a valid certificate
of occupancy and used exclusively for residen-
tial purposes, to do any work regulated by this
article in connection with said dwelling and
accessory buildings. The owner rrust personally
purchase all material and perform all labor in
connection therewith. All work shall comply
with this article.
C. A permit may be issued to the holder of a valid
sever and water service installer's license for
the installation of a building saver and water
service only.
SECTION 8-183. APPLICATION FOR PERU.
On an application form provided by the City, the
applicant shall describe the work proposed to be
done, the location, amership, occupancy, and use of
the premises. The plumbing inspector may require
plans, specifications, drawings and such other
inforrmation that he/she deems necessary. If the
pluibing inspector is of the opinion fran the
information furnished that the applicant is in
compliance with this article, he/she shall issue the
permit upon payment of the required fee.
SECTION 8-184. PRO.
A. Timone limitation. A permit shall expire if the
work authorized is not camenced within 180 days
after issuance or if the work authorized is
suspended for a period of 180 days. Prior to
SS3.
Ordinance No.
Page 13
resurpt{on of pork, a nen permit mut be
obtained, The renewal fee shall be one-half of
h
the original fee pro"{ded no changes ave been
made in the plans and specifications and the
B• uspinsioncedid
not exceed one year .
a wa{ver oP Perm shall not tp construed as
article. It Of the
a pr°v{s{ons of this
inspector fron Prevent the pleb{ng
errors requiring the correction of
violation ofth. ordinancepreventinor ponstruction in
Permit issued in errorran revoking any
C. Display. The permit and the approved plans or
specifications shall, at all times, be available
at the location of the pork permitted thereby.
SECTION 8-185. INS.
issued, the
a permit to perform plurt,ing pork rtn be
plurbirg din applicant shall have on file withtheinsurance Inspector a copy of a certificate of
than three hustatige liability aunts of no less
thousand dollars ($300,000)
Property
�ege and five hundred thousand dollars
shall ($500,be) bodily injury. The City of Ias City
parted as an additional insured. The policy
shall also provide for at least thirty (30) days
notice by the insurer to the City of termination of
the Policy by the insured or insurer. nation
PILubing
°o°ansceishall beer or
8-182(8) of this
requirerent, exerPted fry this insurance
SECTION 8-186. A3WT AND IM EMON FEES.
All applicants shall pay the proper permit and
Inspection fees as
Council. established by resolution of
a Any Person Mo comences pork prior to obtaining
Permit shall be charged a double fee unless he/she
daronstrates to the satisfaction of the plurbing
inspector that it was an energency.
SEMCN 8.181. INSiECnM.
"akIt shhall b the duty of the person doing the
y the inspector that } 1'a'dt to notify the plurbing
less than 24 hours befoready for inspection not
inspected, the pork is to be
It shall be the duty of the person doing the
work authorizes t the permit to ensure that the
notification. the test prescribed before giving
No m* shall be covered °r concealed in any
teener before it has
the plurbing inspector. been examsned and approved by
560
Ordinance No.
Page 14
SECTION B-188. PLLMING INSPECTOR.
A. Duties. It shall be the duty of the plumbing
inspector to administer and enforce the
Provisions of this article, sign and issue all
notices, permits, and licenses, pass upon all
plans submitted, and keep corrplete records of
all official work perfonred in accordance with
the provisions of this article.
B. Right of entry. The plumbing inspector shall
carry Proper credentials and shall, upon presen-
tation of his/her credentials during business
hours, have the right of entry to inspect all
buildings and Premises in the Performance of
his/her duties.
C. Stopping work. Whenever in the opinion of the
Plumbing inspector the continuance of plumbing
work is contrary to public welfare by reason of
defective or illegal work in violation of a
Provision of this article, he/she may order,
either orally or in writing, all further work to
be stopped and may require suspension of work
until the condition in violation has been
reredied. Any oral order shall be confirmed in
writing.
D. Excavations. All excavations node for the
Purpose of laying water pipes or savage frau the
property line to the building line shall be
under the direction and subject to the approval
U;
the PTmbirg inspector.
SECTION 8-189. VIOUITIM.
A. Notices.
I. Whenever the plurbing inspector discovers
that any unsanitary condition exists, or
that any construction or work regulated by
this article is dangerous, unsafe,
unsanitary, a nuisance, or a menace to life,
health, or property, or otherwise in
violation of this article, he/she may serve
a written order upOn the person responsible
therefor directing discontinuance of such
illegal action and the remedying of the
condition which is in violation of the
Provisions of the article.
2. Refusal or failure to comply with any order
shall be considered a violation of this
article.
3. If the order is not promptly complied with,
the plunbing inspector may request that the
City Attorney institute an appropriate
proceeding at lar or in equity to restrain,
correct, or remove such violation.
,S'53
Ordinance No.
Page 15
B. Violators. The owner of a structure or pranises
where anything in violation of this article
shall exist and any architect, builder, contrac-
tor, agent, person or corporation erployed in
connection therewith who ney have assisted in
the cormissim of such violation shall be each
guilty of a separate offense.
SECTION 8-190. PENALTIES.
Any person, fine, or corporation violating any
of the provisions of this article shall be deered
guilty of a misdaeanor and upon conviction thereof
shall be punishable by a fine not exceeding $100 or
by inprisormest not exceeding 30 days.
SECTION III. REPEALER: All other ordinances
and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
prov s on or pa o is 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 unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance
shal in e a ter its final passage, approval
and publication as required by law.
passed and approved this day of
, 1997.
ATTEST:
CITY CIF
iiecolved & Approvoct
7el D paAment
4zB
SS3
_.I
ORDINANCE W.
AN ORDINANCE LAUDING CWPTER 8, ARTICLE IV, -T[E
PECWWICAL CODE," BY ADOPTING liE 1985 EDITION OF
TW UIIFORN MECHANICAL CODE WITH CERTAIN Neven
THERETO.
BE IT ENACTED BY THE CITY COUNCIL OF TIE CITY OF
IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance
is to a e1985 Edition of the Uniform
Mechanical Code as prepared and edited by the
International Conference of Building Officials and
to provide for certain amendneonts thereof; to
provide for the protection of the health, welfare,
and safety of the citizens of Iowa City, Iowa; and
to provide for the enforcement thereof and for the
penalties for the violation thereof.
SECTION II. ADOPTION, Subject to the following
s� Edition of the Uniform
T"anical Code is hereby adopted. Said Code shall
be known as the Iowa City Mechanical Code, or the
Mechanical Code.
SECTION III. *EMKNTS, Article IV of Chapter 8
o e o finances of the City of Iowa City,
Iowa, is hereby repealed in its entirety and
substituted in its place is the following new
Article IV (Mechanical Code):
A RILE IV. N EDMA. CME.
Sec. &41. Aftted.
Subject to the following anendnents, the 1985
Edition of the Uniform Mechanical Code is hereby
adopted. Said Cade shall be know as the Iowa
City Mechanical Code, or the Mechanical Code,
Sec. B -f. Aaardhots,
The 1985 Edition of the Uniform Mechanical
Code is areided as follows:
Section 203 is arended to read as follows:
SM. 243 Dowd of I jpmis. Any person affected
by any action, interpretation or notice issued
by the Building Official with respect to the
Uniform Mechanical Code my 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 Cade.
Section 204 is amended to read as follows:
VIOLATIONS.
Sec. 204(a) Notices. Mhenever the building
Official is satisfied that a building or
structure or any work in connection therewith,
the erection, construction, alteration,
execution, or repair of which is regulated,
Permitted, or forbidden by this code is being
Cle
%7J j-
Ordinance No.
Page 2
directed, constructed, altered,
violation of the or repaired in
provision or requirerents of
this code or in violation of
statement or of a plan suba mitted and detailed
thereunder or of a pe- roved
t or certificate issued
thereunder, he/she may serve a written order or
notice upon the
directing discontiperson responsible therefore
nuance of such illegal action
and the rmedying of the condition that is in
this code.
violation of the provisions or requirements of
In case such notice or order is not prorptly
coup"ed with the Citythe Building Official rey
appropriate actiai Attorney to institute an
equity to restrain, collect Proceeding at lav or in
violation or remove such
the execution of work th
to restrain ereon or
alteratior correct the erection oron of or to
prevent require the removal of or
to the occupation or use of the
building or structure erected, constructed, or
altered in violation of or not in c
respect the Wh1csthes of this code or with
any order ar direction thereof or of
provisions contained therein, shajl notthav
(eEn PCeralied with
q
Provision of this or fail toson Who shallocaotply
therewith or with
thereof any of the requirelents
or who shall erect, construct,
alter, or repair or have erected, eon_
strutted, altered, or repaired a building
or structure in violation of a detailed
statenent or plan submitted and approved
thereunder shall be guilty of a misde-
Manor Punishable by a finerp
days. t exceeding
$100 and/or inprisortrent not exceeding 30
e
The aner of a building, structure,
Premises where anything in violation of
this code shall be place] or shall exist
aro an architect, builder, contractor,
agent, person or corporation erployed in
connection therewith, or any who Trey have
assisted in the eomrission of such Viola_
tionenseshall. be guilty of a separate
off
(c) Abatelrherein lip imposition of penalties
CityiAttorn y froom instituti Peced shall not A the
action or Proceeding tom appropriate
unlawful erection, construction r vent an
strvction, alteration, r mon,
repair, conversion,
SIP,
maintenance, or to restrain, correct, or
abate a violation or to prevent the
occupancy of a building, structure, or
premises.
ion 304(b) is areided to read as follows:
:. 304(b) permit Fees. A fee for each permit
I fees for inspections associated with said
mats shall be paid to the Building Official
established try resolution of Council.
Nhere work for vhich a permit is required by
is code is started prior to obtaining a
emit, the fee specified
in this code doubled fee shall
be
ibled. The payment
t relieve persons frau fully crnplying with
e requirements of this code in the execution
their work nor fran any other penalties
escribed herein.
ion 305(f) is wended to read as follows:
Reinspections. A reinspection fee may be
assessed for each inspection or reinspec-
tion when such portion of work for which
inspection is called is not complete or
when required corrections have not been
made.
This provision is not to be
interpreted as requiring inspection fees
the first tine a job is rejected for
failure to comply with the requirements of
this code, but as controlling the practice
of calling for inspections before the job
is sufficiently completed to enable
inspection or reinspection. Reinspection
fees may be assessed vim the approved
plans are not readily available to the
inspect or, 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.
tion 417 is Wended by adding the follaring
lnition:
jec. 417. Wwy tiobm means conditions
here the building is not sealed by the use of
vapor barriers, weatherstripping, caulkings,
ud other sealants and an adequate volare of
Or for conbustion and venting of products will
ne available.
Ssf �
Ordinance No.
Page 4
Section 508 is amended to read as follows:
LOCATION.
Sec. SM. Appliances installed in garages,
warehouses or other areas where they my be
subject to mechanical damage shall be suitably
guarded against such damage by being installed
behind protective barriers or by being elevated
or located out of the normal path of vehicles.
Heating and cooling equipneht located in a
garage and wfiich generates a glow, spark or
flane capable of igniting flammable vapors
shall be installed with the pilots and burners
or heating eletents and switches at least 48
inches above floor level.
Where such appliances installed within a
garage are enclosed in a separate, approved
omparbreht, having access only fran outside of
the garage, such appliances may be installed at
floor level provided the required carbustion
air is taken from and discharged to the
exterior of the garage.
Heating equiprent located in roans where
cellulose nitrate plastic is stored or
processed shall conply with the Fire Code.
THE FOLLOWING SECTIONS OF THE UNIFORI PECWVLICAL
CODE HAVE MEN DELETED:
(1) Table 3-A
(2) Section 3D4(c).
SECTION IV. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision
or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE: This Ordinance shall
be n effect a nal passage, approval and
publication as required by law.
Passed and approved this
MAYOR
ATTEST:
CITY MEW
PmOh' ed 9 App,.r,.al
BY Tho Legal CcFa�msrrt
1 29�
i
SS�
_I
ORDINANCE M.
AN ORDINANCE ANENDING CWT8Z 8, ARTICLE III, TFE
DANGEROUS BUILDING CODE, BY ADOPTING TIE 1985 EDI-
TION LF THE LNIFORd CODE FOR TGf ABATDEM OF DAN-
GEROUS BUILDINGS WITH CERTAIN NUEWMS TIERETO.
BE IT WINED BY TFf CITY COUNCIL IF THE CITY OF
IOWA CITY, IOWA, THAT:
SECTION I. PURPOSE. The purpose of this ordinance
is to adopt the 1985 Edition of the Uniform Code for
the Abatenoint of Dangerous Buildings as prepared and
edited by the International Conference of Building
Officials and providing for certain anadnents
thereof; to provide for the protection of the
health, welfare and safety of the citizens of Iowa
City, Iove; and to provide for the enforcenent
thereof and for the penalties for the violation
thereof.
SECTION II. MENKNTS. Article III of Chapter 8
of tte Code of Ordinantes of the City of Iae City,
Ioa, is hereby repealed in its entirety and substi-
tuted in its place is the following new Article III
(Abatement of Dangerous Buildings):
Article III. Ybatemnt of Dangerous Buildings
Sec. 8-31. Code - Adapted.
The Uniform Code for the Abatement of Danger-
ous Buildings, 1985 Edition, is hereby adopted
subject to the following anendnents. Said code
shall be known as the Iae City Abatement of
Dangerous Buildings Cade or the dangerous build-
ing code.
Sec. 8-32. Sam - Anadnents.
The Uniform Code for the Abatercnt of Danger-
ous Buildings, 1985 Edition, edited by the Inter-
national Conference of Building Officials, is
hereby andel as follows:
Sec. 301, General, is araded by adding the
following definitions:
Building official. The enforoenant of the
provisions of this code shall be the responsi-
bility of the building official and vhenever
the words health officer or fire marshal shall
be used in this code, it shall mean the build-
ing official.
City manager. Whenever the words public
works director shall be used in this code, it
shall mean the city manager.
Sec. 501, General, is avoided to read as
fol lows:
Any person affected by an action, interpre-
tation or notice issued by the building offi-
cial with respect to the Uniform Code for the
ssr
Ordinance No.
Page 2
Abaterent of Dangerous Buildings 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 Ias City Adninistrative Cade.
sec. 8-33. Reserved.
Sec. 8-34. Notice of Proposed orders affecting
historic properties.
Except for energencies as determined by the
building official pursuant to the ordinances of
the City of Iowa City, city ehforceneht agencies
and deparbrents shall give the historic preserva-
tion cmnission at least thirty (30) days notice
Of any proposed order which Trey affect the exte-
rior features of any building for ra edying
conditions determined to be dangerous to life,
health or property.
Sec. 8-35.-8-43. Reserved.
SECTION III. REPEALER: All ordinances and parts of
ances
ordinin conflict with the provision of this
ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section, provi-
sion or or tie Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
vhole or any section, provision or pert thereof not
adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordinance shall be
in e a h final passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
CITY UK-
R.lKdi•nYi 4u .1r.F.�nr<!
By Thu iso'a'1 -mwd
rt78
srr
and seconded by
dopa -ed and upon roll ca ere were:
S: ABSENT:
AMBRISCO
_ BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
ion
ge:
tion
le
SSS