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HomeMy WebLinkAbout2008-08-26 Ordinance~•~-: ~% Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16- ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 8~ 1001 HIGHWAY 1 WEST. (REZ08-00006) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to Commercial, CC-2, approximately 28.084 acres of land known as Westport Plaza located South of Highway 1 West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement which established certain conditions and restrictions on the said 28.084 acres and incorporated a Concept Site Plan to which the developer was to have substantially complied; and WHEREAS, said land is considered to be a major entranceway to the City; and WHEREAS, Wal-Mart owns or is under contract to purchase approximately 25.16 acres of the 28.084 acres and now desires to redevelop the 25.16 acres in a manner that is inconsistent with the 1989 Conditional Zoning Agreement and incorporated Concept Site Plan; and WHEREAS, Wal-Mart has requested the 1989 Conditional Zoning Agreement be amended to allow for greater flexibility in the redevelopment of this site, including the use of a new Concept Site Plan. Landscaping Plan and building design; and WHEREAS, the City has a policy of preserving and enhancing the entranceways to Iowa City; and WHEREAS, the Planning and Zoning Commission has recommended approval of rezoning this land to permit the parties to enter into the attached Conditional Zoning Agreement, which contains a new Concept Site Plan and Landscaping plan, as well as reasonable conditions to ensure that the property develops in a manner consistent with the Comprehensive Plan and satisfies public needs caused by the requested change; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners of said 25.16 acres agree that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Conditional Zoning Agreement, attached and incorporated herein, is hereby approved for the property described below: Wal-Mart Parcel Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of Ordinance No. Page 2 The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK App ed by 2f City Attorney's Office ~/~~ o~ Pcc/data/staffreports/rez08-0006-ord Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 8/26/2008 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Bailey. NAYS: Wright. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepare) by and Retuni to: Sala F. Greenwood Hc;ktoen, Asst. City Attorney, 4I0 E. Washineton St, Iowa Citv. IA >3240, 1319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Wal-Mart Realty Company, an Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (collectively, "Wal-Mart"), SUPERVALU INC., a Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation ("Supervalu"), and Staples The Office Superstore, East Inc., a Delaware corporation ("Staples") (hereinafter, collectively, Wal-Mart, Supervalu and Staples, "Owners"). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-l, to Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (as so amended, the "1989 CZA, as amended"); and WHEREAS, the 1989 CZA, as amended, is a covenant running with the land and inures to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal-Mart owns approximately 13.75 acres (the "Wal-Mart Parcel") and has the right to purchase approximately 11.41 acres of the original 28.084 acres of the property burdened by the 1989 CZA, as amended, and now desires to redevelop said 25.16 acres (the "Property"), which is considered to be major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 1989 CZA, as amended, and has thus requested the 1989 CZA, as amended, be modified by replacing it with this Agreement with respect to the Property; and WHEREAS, the Planning and Zoning Commission has recommended approval of such modification subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and 4833-4435-993R.~ WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Wal-Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances; 4823-4435-9938.8 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below; 5. The development will substantially conform to the Concept Site Plan (including the building elevations) (the "Concept Site Plan") and Landscaping Plan dated July 3, 2008, attached and by this reference incorporated herein (collectively, the "Plans"), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, facade design, and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledges that: a. The three internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. Wal-Mart shall cooperate with the City to locate a public bus stop and/or shelter on the site and Wal-Mart shall, in its discretion, either relocate the shelter currently located on the Wal-Mart Parcel to the new location agreed-upon with the City at Wal-Mart's expense or shall acquire and install or construct a new shelter, at Wal-Mart's expense, of a quality and design at least equal to the bus shelter currently located on the Wal-Mart Parcel, and subject to terms and conditions to be agreed upon in writing by Wal-Mart and the City Manager as the representative of the City; c. Three free-standing signs shall be permitted to be located as shown on the Concept Site Plan; d. The Property may be re-developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal-Mart store, and installation of all improvements on land not currently occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of the existing Wal-Mart and installation of the final site improvements; e. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; f. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; g. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert Road. 6. The Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be 4823-4435-9938.8 construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City. In the event Wal-Mart does not pick up and pay for the building pernut for the construction of the Wal-Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. l0.Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The City acknowledges this Agreement is being entered into prior to Wal-Mart acquiring fee title to that portion of the Property currently owned by Supervalu and Staples. The City acknowledges and agrees that until such time as Wal-Mart picks up and pays for the building permit for the construction of the Wai-Mart supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance of any obligation required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe weather, fire or other casualty or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be 4823-4435-9938.8 extended for the period of the delay. Dated this ~"-~ day of ~~' , 2008. WAL-MART REALTY COMPANY, an Ar sa c rporation By S e ~~Pt Regional Vice President, Design and Real Estate WAL-MART REAL ESTATE BUSINESS TRUST, a el ware statutory trust By S ~ ~b ~-. Regional Vice President, Design and Real Estate WAL-MART,STORES, INC., a Delaware By Regional Vice President, Design and Real Estate SUPER LU INC., a D ware corporation, successor to SI-Sup alu Inc., a Delaware corporation By Name CITY OF IOWA CITY, IOWA By Regenia D. Bailey, Mayor By Marian K. Karr, City Clerk Approved by: uta 1~C~i/ City Attorney's Office ~~/vim 4823-4435-9938.8 WAL-MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian Hooper, as Regional Vice President, Design and Real Estate, of Wal-Mart Realty Company, an Arkansas corporation, on behalf of the corporation. ,~~ ,.•ysATE;o,~,; ROBIN M. LE MEUR .;'~o*aA~ ,`= Benton County F~~~~ ~ = My Commission Expires ••"%;ANyP~• May 1, 2013 Notary Pu lic in and for the State of Arkansas My commission expires: May 1, 2013 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 22°d day of August, 2008 by Brian Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. ,stP:€;~•,, ROBIN MALE MEUR • _;; ~r~.;,': Benton County '• P~~~ ~ = My Commission Expires ~''gKANS"~• May 1, 2013 Notary Public in and or the State of Arkansas My commission expires: May 1, 2013 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 22°d day of August 2008 by Brian Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. ,,•y4@;€;0;0,; ROBIN M. LE MEUR ;'~or~~ :,, Benton County " '- P~~~ 5 My Commission Expires •'9gKAN5P'•` May 1, 2013 Notary Public in and for the State of Arkansas My commission expires: May 1, 2013 4823-4435-9938.8 extended for the period of the WAIF an Arl By_ Name Title this day of MART REALTY COMP ~nsas corporation ~ WAL-MART TRUST, a De By Name Title 2008. ESTATE BUSINESS utory trust WAI~MART STORES, INC., 'dam Delaware CITY OF~pWA CITY, IOW By Regenia D. Ba ey, By Marian K. I rr, City ~ by: Attorney's Office B ame Title SUPERVALU INC., a Delaware corpora"tion, successor to RSI-Supervalu Inc., a Delaware corporation By ~ ~a~ o~~ ~'~ ~ Name Ro Na u~ ~: /''~ EnID ES ~c~t" Title VICE fnE,l~~~vr 4823-4435-9938.8 OTHER State of CKNOWLEDGEMENT This instrument was 2008 by corporation, on behalf of the of ash ss: me on the day of , of Staples, Inc., a Delaware Notary Public in a~or the State of My commission expires: State of ! ~ '~ f~ (~ ,County of ~ l~ ~ ss: ~~ This instrument was acknowledged before me on the ~ day of i~} u- G t.c_S T , 2008 byf2DjU19~~ i .. n'ItN~as Jj ~~ ~JQ.eS i ~ ~ ~ T of Supervalu Inc., a Delaware corporation, successor to RSI-Supervalu Inc., a Delaware corporation, on behalf of the corporation. ,~~~~~~' F,AL • j~~•,, ~pT AR 1' Not y Public in and for the State of .~C J) ~ i~` ~.~ i G S 1'UBL~ •% ~••.•`!'l~ti••...••..•'••4+~,•' My commission expires: X02 - ~ ' 02 ~ ~ d .•••qT~ OF 19P~~• t~'••~•m n ~~~•'~, CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this day of 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 4823-4435-9938.8 Staples The Office Superstore, East Inc., a Delaware corporation corporation By N Title Cxecu~ive Vice President, Real Estate { `~' ~ ~, -f,~;_ - t ~.- ~a ~~. ~.~. 4823-4435-9938.8 OTHER OWNERS' ACKNOWLEDGEMENT (~wnuvu,~e~.N{, -~a~eof ~~~,~yy,~~i~,~_, County of - (~,~~~C ss: This instrument was acknowledged before me on the l~~' day of ~cju5~ , 2008 by Vlu1~v~ {~< ~wff~ , as c~. ke«~tiwz- 4~- P~ of Staples, Inc., a Delaware corporation, on behalf of the corporation. DEBRA T. HINDMAN Notary Public ~~Commonwealth of Massachusetts My Commission Expires May 23, 2014 State of 2008 County of ss: This instrument was acknowledged before me on the as ~ti<Qn, successor to RSI-Supervalu Inc., a Delaware day of , of Superval nc., a Delaware orporatio on behalf of the Notary Public in ancj~for the State of My commis,~Con expires: CITY OF IOWA CITY ACKNO State of Iowa, County of Johnson, ss: On this day of 2008, b ore me, the undersigned, a notary public for the state of Iowa, personal appeared Regenia .Bailey and Marian K. Karr, to me personally known, who, being y me duly sworn, did say tha hey are the Mayor and City Clerk, respectively, of the City of wa City, Iowa, executing the withi and foregoing instrument; that the seal attached thereto ' the seal of said corporation by authorit fits City Council; and that the said Mayor and ity Clerk acknowledged the execution of s ' instrument to be the voluntary act and ed of said corporation, by it and by them voluntarily e cuted. 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IrN ., j -1 m ~m `~ a 1 ~l °z ~,,. __' I sa ~~ y 1;~ ry,: ~a;~J~ ~fq:~a-i:~{ ` .~~~. y 2 r~~gom ~~4~bm ~~~Gia ~z €`;~P m~~~3~ ~:r~.~K zf, p~~ ~kma `'S;i ~£~ ~~n F O ~~ C~J ao ~o do J #_ N Q (~\) ~ I o V - A W Y A~~'(j }: ]~ T r ~j ~, ~,r, ,:'h..'~ xF§~zv hk~`~Om F~~~c"R~z ~°~~~~'o ~"~~p o z~g~gz ~RF~ `z'>, Inc z~: ~€ 0 ~~ LJ d a -a Q oi~ _ - ~A 3 w # r~ o _ i'lo3em .. ,__-- f ~_ __- __ ... __ ,.~. _ II~W 1 o~ a" - = Q D m ~_ N O ~'C 1 _ - --- ° Z g ~- `_-~ q_- n ~.~ c` ____1 Z O 'm m c 1 ,~ r O Z v _'` .h y~~ __ i Y t_ __~ f ~~ i ~~ ..i ~_ ~s £; { '. :~ 5 Prepared by and Return to Sara F Greenwood Hektoen Asst Citv Attorney 410E Washineton St Iowa Ciri IA 52240 (3191331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of Iowa City, Iowa, a ~ unicipal corporation (hereinafter "City"), Wal-Mart Realty Company, an Arkansas corporatio Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a elaware corporation (collectively, "Wal-Mart"), SUPERVALU INC., a Delaware corporation, uccessor to RSI-Supervalu Inc., a Delaware corporation ("Supervalu"), and Staples, Inc., a De aware corporation, formerly known as S ~ples The Office Superstore, East Inc., a Delaware co oration ("Staples") (hereinafter, collec ~ ely, Wal-Mart, Supervalu and Staples, "Owners"). WHEREAS, on June 13, 1'89, the City adopted an of Commercial, CC-2, approxi ately 28.084 acres of land WHEREAS, on June 13, 198 ,the Joseph Zoning Agreement (the "1989 A") which owner of said 28.084 acres; and WHEREAS, the 1989 CZA was ar~nded on CZA, as amended"); and ~ ~ rezoning from Industrial, I-1, to South of Highway 1 West; and and the City entered into a Conditional certain conditions and restrictions on the 24, 1996 (as so amended, the "1989 WHEREAS, the 1989 CZA, as amended, ' a covenant running with the land and inures to the benefit of all successors and assigns of th operty burdened thereby; and WHEREAS, Wal-Mart owns approx' ately .75 acres (the "Wal-Mart Parcel") and has the right to purchase approximately 1 .41 acres of the original 28.084 acres of the property burdened by the 1989 CZA, as aXnended, and n w desires to redevelop said 25.16 acres (the "Property"), which is considered,~to be major entran e to Iowa City; and WHEREAS, the City has a pglicy to preserve and enh~ice the entranceways to Iowa City; and WHEREAS, Wal-Mart has submitted a Concept Site Pl to the City that materially varies from the terms set forth in tMe 1989 CZA, as amended, and s thus requested the 1989 CZA, as amended, be modified.=6y replacing it with this Agreement 'th respect to the Property; and WHEREAS, the ;Planning and Zoning Commission has commended approval of such modification subject to conditions related to ensuring that the Piipperty is developed in a manner consistent with. the City's Comprehensive Plan as it exists as of Elie date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping~of this site which serves as a major entranceway to the City; WHERI~`AS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neigl~orhood; WHEREAS, Owners agree to use tl~e Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 199 CZA, as amended, with respect to the land legally described in Paragraph 2 herein. ;~~ 2. Owners are the title holder of the lend legally desc{abed as follows: r ~~ Wal-Mart Parcel: Lot 1 Of Final Plat Westport Plaza, 1 Range 6, West Of The Fifth Princi Subdivision Filed In Book 32, Page 2 Iowa, In Section 16, Township 79 North, Tian, In Johnson County, As Per Plat Of Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, W Iowa, According To The Plat Of The F Records Of Johnson County, Iowa. Plaza, Iowa City, Iowa, In Johnson County, vision Recorded In Book 37, Page 264, Plat SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport I~ Plat Of The Resubdivision Recorded In Book County, Iowa; Exceptixig Therefrom; Commer. Westport Plaza, Iowa City, Johnson County, Recorded In Plat Book 32 At Page 289, Of Recorder's Office; Thence North 00 Degrees, _` East Line Of Said Westport Plaza, 854.05 Fey North 38 Degrees 29 Minutes 03 Seconds Wes Line Of Said Westport Plaza; Thence South 8! Along Said Ntirth Line, 60.00 Feet; Thence Sc West. Alnn~' The West Line Of Said Westpo .za, Iowa City, Iowa, According To The 7, Page 264, Plat Records Of Johnson ,'ng At The Southeast Corner Of The wa, In Accordance With The Plat t Records Of The Johnson County l inutes 23 Seconds East, Along The To The Point Of Beginning; Thence 94. Feet, To A Point On The North Degr s 08 Minutes 37 Seconds East, nth 00 egrees 51 Minutes 23 Seconds Plaza, 3.20 Feet, To Said Point Of Beginning. ; 3. The parties acknowledge that the City has a policy, as stated the Comprehensive Plan, to pres~Yve and enhance the entranceways to Iowa City and o take special care with regard to the site design of commercial establishments, includi~ landscaping to soften the ifnpact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances; 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowle ges the City's policy concerning ent7anceways governs this rezoning request, therefor Wal-Mart agrees to provide certa~r amenities over and above City regulations in orde to lessen the impact on the surro ding area and enhance the development of the entranceway to the City, said ameni 'es are more particularly described below; 5. The development will substantially conform to the Conc t Site Plan (the "Concept Site Plan") (including the building elevations) and Land aping Plan dated July 3, 2008, attached and by this reference incorporated herein (c ectively, the "Plans"), particularly with regard to the building locati©n and orientation he square footage of greenspace, the storefront landscaping, facade design, and the configuration of parking spaces. In addition to the site development s~'andards set f h in the Iowa City Code of Ordinances, Wal-Mart agrees and acknowledged that: a. The three internal landscap med' n aisles running the length of the parking lot, but not containing a sidewal , sh have a minimum width of nine (9) feet; b. Wal-Mart shall cooperate wi e City to locate a public bus stop and/or shelter on the site and Wal-Mart all, in its discretion, either relocate the shelter currently located on the W - art Parcel to the new location agreed-upon with the City at Wal-Mart's e~en e or shall acquire and install or construct a new shelter, at Wal-Mart's e~Cpense, of a quality and design at least equal to the bus shelter currently locat.~d on t Wal-Mart Parcel, and subject to terms and conditions to be agrea~d upon in iting by Wal-Mart and the City Manager as the representative of th~City; c. Three free-standiptg signs shall e permitted to be located as shown on the Concept Site Plan; d. The Property ,inay be re-develope in two phases. Phase I shall include the demolition o~the existing Cub Foo s and Staples buildings, construction of the new Wal-1V~`art store, and installation of all improvements on land not currently occupied by the existing Wal-Mart St re. Phase II shall consist of demolition of the existing Wal-Mart and installation the final site improvements; e. Upon ,completion of Phase I in onformance with all applicable City requirements, the City shall issue a tem orary certificate of occupancy valid for 120;days. If Phase II has not been comple ed upon the expiration of the temporary certificate of occupancy, said certificate ay be extended if the Applicant has sown good faith efforts to begin Phase II; £ Upon completion of Phase II in con rmance with all applicable City :'requirements, the City shall issue a certificate~jof occupancy; gc Wal-Mart delivery traffic shall be directed to ~nter and exit the site from Ruppert Road: °~, 6. The Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be 7. 8 9 construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. (~ Owners and the City acknov~,ledge that the conditions contained herein are reasonable conditions to impose on thy, land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are directly caused by the requested rezoning. Owners -and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. The parties acknowledge that this., Agreement shall be deemed effective upon recording, which shall occur upon adoption aiad publication of the Ordinance and the parties further acknowledge that this Agreements all be deemed to be a covenant running with the land and with title to the land, and shall r main in full force and effect as a covenant with title to the land, unless or until released o :tecord by the City. In the event Wal-Mart does not pick up and pay for the building per~'t for the construction of the Wal-Mart supercenter structure contemplated on the Corutep Site Plan within two (2) years from the date of Council approval of the Ordinang~e, thi Agreement and corresponding Ordinance shall automatically be released and re Baled tw years from the date of Council approval of the Ordinance. In the event of su release d repeal, the Property shall continue to be subject to and burdened by th 1989 CZA, a amended. The parties further acknowledge that this agr ment shall inure to the benefit of and bind all successors, representatives, and assigns oft parties. 10. Owners acknowledge that nothing in this Agree ent shall be construed to relieve them from complying with ail other applicable local, sta ,and federal regulations. 11. The parties agree ;that this Agreement shall be 'ncorporated by reference into the ordinance approviYig this Agreement and rezoning t e Property (the "Ordinance"), and that upon adoption and publication of the Ordinance, t is Agreement shall be recorded in the Johnson County Recorder's Office at Wal-Mart's ex ense. 12. The City acknowledges this Agreement is being entered i to prior to Wal-Mart acquiring fee title to that portion of the Property currently owned Supervalu and Staples. The City acknowledges and agrees that until such time as Wal- art picks up and pays for the building permit for the construction of the Wal-Mart superc ter structure contemplated on the Concept Site Plan, the Property and the buildings pres ntly existing thereon shall be required to comply with the 1989 CZA, as amended, and not his Agreement. 13. If Wa1-Mart or any Owner is delayed or hindered in or prevented from the performance of an~ obligation required under this Agreement by reason of fai`dure of power, strikes, lockouts, riots, insurrection, war, military or usurped power, sabotage, unusually severe weather, fire or other casualty, or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be extended for the period of the delay. Dated this day of , 2008. WAL-MART REALTY COMPANY, an Arkansas corporation By ~~, Name ' Title ' WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust f By Jr. Name `i i~ Title ~ WAL-MART STORES, INC., a corporation By Name Title SUPERVALU INC., a De~'aware corporation, successor to RSI-Supervalu Inc., a Delaware corporation By Name Title STAPLES, IN a Delaware corporation, formerly kn as Staples The Office Superstore, East Inc., a Delaware corporation corporation CITY OF IOWA CITY, IOWA By Regenia D:' Bailey, Mayor By Marian K. Karr, City Clerk `,. Ap~Sroved by: ~~ ~~`~ ~ity Attorney's Office ~/~ g%, ~ By _ Name Title WAL-MA T ACKNOWLEDGEMENTS State of Arkansas, County of Benton s5: This instrument was acknowledged before me on the 2008 by , as an Arkansas corporation, on behalf of the corporation. State of Arkansas, County of Benton ss: This instrument was acknowledged 2008 by as Business Trust, a Delaware statutory trust, day of , of Wal-Mart Realty Company, Notary Public in and for the State of Arkansas My cornlmission expires: me on the day of of Wal-Mart Real Estate of the trust. `` Not y Public in and for the State of Arkansas a My co State of Arkansas, County of Benton ss: This instrument was acknowledged before me 2008 by ;gas Delaware corporation, on behalf of the corporation. Notary Public i and for the State of Arkansas My commission expires: ,' L~ Sion expires: the day of of Wal-Mart Stores, Inc., a OTHER OWNERS' ACKNOWLEDGEMENTS State of County of ss: This instrument was acknowledged before me on the 2008 by as corporation, on behalf of the corporation. day of , of Staples, Inc., a Delaware Notary Public in and for the State of My commission expires: E t S State of , C unty of ~~ ss: P This instrument was ac nowledged before me on the day of , 2008 by s ~° of Supervalu Inc., a Delaware corporation, successor to RSI- upervalu Ine., a Delaware corporation, on behalf of the corporation. Notary Public in and for the State of My commission expires: CITY OF IOWA CITY State of Iowa, County of Johnson, ss: On this day of 2008, b ore me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia .Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is tl?e seal of said corporation by a thority of its City Council; and that the said Mayor and City Clerk acknowledged the executn of said instrument to be the voluntary act and deed of said corporation, by it and by them v untarily executed. ,~ Notary Public in and far t f My commission expires: the State of Iowa .. ~~~~~ ~~~~~~ ~~~~ ~' ~~~~~~ ~~ ~~~ ~~~ 0 00 00 I it D `. ~ ~ ~,~ -~; t 4 ', r~ , ~. W- ~~, T;~ ,, ;r ,' '' ~r32 t'~;". r£i.;~. 1'y, `9 >a z ~~~~ ~~~ ~~°~~~ ~,~ ~~~Q ~~~ $'4 (~ C_~ D O O ~ O ~~ _x ~ ~ Q r /I~ `Silt ~~J !~F o~ o `~p~ °m ~~, Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 08-4313 AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS WHEREAS, the Comprehensive Plan provides a vision for the orderly growth and development of Iowa City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Comprehensive Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, a complete and connected street network, quality public infrastructure, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible trails, parks and open space; and WHEREAS, the current Subdivision Code does not contain the tools necessary to implement the vision of the Comprehensive Plan; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of a new Subdivision Code based on the Comprehensive Plan; and WHEREAS, the City Council wishes to update the Subdivision Code to implement the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City Iowa is hereby amended as follows: A. By repealing TITLE 15, "Land Subdivisions," and substituting in lieu thereof the "TITLE 15, LAND SUBDIVISIONS" attached hereto and incorporated herein by this reference. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 26thday of August , 20 08 . ATTEST: •~ °~-'1-~ CITY CLERK Approved by Z~~'uti2~~~7~~ ity Attorney's Office ._ ~~! Ordinance No. 08-4313 Page 2 It was moved by Wilburn and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek x O'Donnell X Wilburn ~_ Wright First Consideration 7 / 15 / 2008 Vote for passage: AYES: Wilburn, Wright, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 8 / 11 / 2008 Vote for passage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Date published 9/3/2008 O'Donnell that the Ordinance Bailey, Champion, Correia, Hayek, Hayek, O'Donnell, Wilburn, Wright, ~~ Title 15 hand Subdivisions Title 15, Land Subdivisions August, 2008 CHAPTER 1. GENERAL SUBDIVISION PROVISIONS This Title shall be known as and may be referred to and cited as the Subdivision Code. ~~ This Title is intended to encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved Comprehensive Plan, as amended. 15-1-3 Definitions ALLEY: An open public way intended for use as a means of vehicular access to abutting property. BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Planning and Zoning Commission of the city. DEFICIENCY: An error on or omission from plat specifications and/or other supporting documents required as part of the subdivision approval process including, but not limited to: • Missing or mislabeled easements; • Inaccurate measurements; • Missing or inaccurate stormwater calculations; • Mislabeled symbol markings in legends; • Inaccurate street cross-sections; • Building lots that do not meet minimum zoning standards; • Or similar. DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A boundary line adjustment or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this Title. LOT: A tract of land represented and identified by number or letter designation on an official plat. OFF-SITE COSTS: The costs incurred by a developer in constructing, improving, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. Title 15, Land Subdivisions August, 2008 2 OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development. An outlot may also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public, e.g. public or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infrastructure that become part of, are placed upon, or affixed to real estate, including, but not limited to: • Sanitary sewers; • Storm sewers, the lines or pipes and drainage swales; • Bridges and culverts; • Streets, trails, and sidewalks; • Water mains; • Storm water management facilities; • Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets," as referenced in this Title, are those streets shown on the Johnson County Council of Governments (JCCOG) Arterial Street Plan, as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. STREET, LOOP: A local street with two (2) intersections with another street in an alignment roughly in the shape of a "U." STREET: A public or private street as defined in this Title. STREET, PRIVATE: Aprivately-owned way that is intended to afford a means of access to abutting property and for moving local traffic. STREET, PUBLIC: Aright-of-way dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity. SUBDIVISION: Division of a tract, lot or parcel of land into three or more lots. SUBDIVISION PLAT: the graphical representation of a subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located. SUBDIVISION PLAT, MAJOR: A subdivision plat that involves the construction of one or more new streets, selective access drives or street extensions. Title 15, Land Subdivisions August, 2008 SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. ,~ ~ ~ ~ A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification affixed to the plat or replat only after approval by a resolution of the City Council as set forth in this Title. B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/ Iowa City Fringe Area Agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. ~ i ~ ~ A. Where a subdivision is required, the City shall not issue a building permit for construction on any lot, parcel or tract unless and until: 1. A final subdivision plat has been approved and recorded; and 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities, said exceptions being allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof as specified in paragraph 15-2-3C-9. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this Title. 15-1-6 Develo ment Activity Restricted A. No person, owner or responsible parry shall do any grading in any areas as described in Chapter 17-8, Grading Ordinance, without first obtaining a grading permit from the Building Official. B. No person, owner or responsible party shall do any grading in any areas as described in section 17-8-15, Construction Site Erosion and Sediment Control, without first obtaining a Construction Site Runoff (CSR) Permit from the City. C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive Title 15, Land Subdivisions August, 2008 4 features exist, as specified in Article 14-5I, Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. 15-1-7 City's Right To Install Improvements A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the City. B. When required improvements have been installed to the satisfaction of the City, the City will, upon request, promptly issue to the subdivider, for recording in the County Recorder's office, a good and sufficient release to various lots in such subdivisions so that this Section will not constitute a cloud upon the title of the lots in the subdivision. However, with regard to the subdivider's obligation to construct stormwater management facilities, the provisions of paragraphs 1 and 2, below, apply. 1. With respect to a subdivider's obligation to construct stormwater management facilities, the City shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed; b. An escrow amount has been established with the City in an amount approved by the City Engineer, to which the City's lien should attach immediately upon execution or recording of the partial release; 2. The City agrees to issue a total release for the facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been substantially completed: a. Permanent ground cover is established and moveable; b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; c. The facilities are complete; d. All land within the tributary area in the development, or a lesser amount of land as approved by the City Engineer, has been developed. Title 15, Land Subdivisions August, 2008 15-1-8 Exceptions - A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of Chapter 3 of this Title, Subdivision Design and Required Improvements, provided one of the following qualifying circumstances are met: a. If the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in extraordinary hardship because of excessive costs due to non-self-inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of Article 14-5I, Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance, modification, or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this Title or of other Titles of the City Code. B. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this Title and must note this approval in the resolution approving the final subdivision plat. 15-i-9 Selling Before Approval; Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell any land which forms a part of a subdivision requiring City Council approval under this Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. B. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or to transfer or sell any division which requires approval under this Title without first having obtained approval by the City. Each such attempt, agreement transfer or sale shall be deemed a separate violation. C. In addition to the foregoing, the City may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. Title 15, Land Subdivisions August, 2008 6 1 Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4-26-2, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordingly. Title 15, Land Subdivisions August, 2008 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Concept Plan A. Applicability Whenever the owner of any tract or parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept plan to the Department of Planning and Community Development for review prior to submission of a preliminary plat. B. Submission Requirements The concept plan must include the following information: i. The proposed layout of streets, lots, location of stormwater facilities, and open space. 2. General topography, based on existing topographic maps or other resources. The property is not required to be surveyed at the concept plan stage. 3. Approximate footprints of any existing above-ground man-made features located on the subject property, including buildings and other structures, streets, sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; 5. Sensitive features, including streams, wooded areas, known wetlands or potential wetlands, known archeological sites, etc. 6. Other necessary information pertaining to the existing conditions of the property, as requested by the City. C. Review of concept plan 1. Upon receipt of a concept plan the Department of Planning and Community Development shall review the concept plan in the context of the standards of this Title, other City Code requirements, and Comprehensive Plan policies, and will have the discretion to solicit comments from other city departments. 2. The Department of Planning and Community Development will provide general written comments to the applicant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminary plat and are not to be construed as comprehensive with regard to compliance with the City Code. 3. The Preliminary Plat shall not be filed until said written comments regarding the concept plan are provided to the applicant. A. Submission Required; Waiver 1. After conferring with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk Title 15, Land Subdivisions August, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B, below. 2. The City Manager or designee(s) will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified; and b. All information as specified in 15-2-2B, below, has been submitted; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. 4. The City may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. B. Plat Specifications and Accompanying Information i. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x 36 ), the plat shall be submitted at a scale of one inch to 100 feet (1" = 100'). In addition, a digital version of the plat must be submitted as per City specifications. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; b. Name(s) and address(es) of owner(s) and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of preparation; d. North point and graphic scale; e. Contours at 5-foot intervals or less; f. Locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings, storm water detention facilities and any other public improvements in the proposed subdivision. g. The existing streets and City utilities on adjoining properties. h. Layout of proposed blocks (if used) and lots, including the dimensions of each, and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot(s) clearly specified on the plat. j. Proposed location of clustered mailboxes. k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. Title I5, Land Subdivisions August, 2008 1. Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridges, storm water management facilities and other structures. p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 2. The preliminary plat shall be accompanied by the following information: a. A location map with north point showing an outline of the area to be subdivided. b. A grading plan, including proposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code. c. If access to State routes is proposed, the plat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. d. For properties containing regulated sensitive features as specified in Article 14- 5I of the City Code, a Sensitive Areas Development Plan must be submitted as set forth in Article 14-5I. C. Fees A fee shall be paid at the time the preliminary plat or any combination of preliminary plats and/or plans is submitted to the City Clerk, in the amount established by resolution of the City Council. D. Review of Plat; Approval or Disapproval 1. Upon filing the preliminary plats as required by this Section, the City Clerk shall forward 11 copies of the preliminary plat to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager. 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the City Code, Comprehensive Plan policies and with State law. Upon completion of examination, the Department of Planning and Community Development shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Planning and Zoning Commission with more than six (6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to the Planning and Zoning Commission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community Development. Title 15, Land Subdivisions August, 2008 10 6. The Commission shall recommend approval or disapproval of the plat within 45 calendar days of the date the City receives a complete application, or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative may, however, agree to an extension of time. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat by the City Council does not constitute approval of the subdivision but merely authorizes the subdivider to proceed with the preparation of the final plat. In the event the City Council approves the preliminary plat and the final plat submitted does not materially and substantially deviate from the preliminary plat and if inspection by the City reveals that all plans and specifications for construction of improvements, as required by the City, have been met, the final plat shall be approved by the City Council. Approval of the preliminary plat shall be effective for a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of time. If the final plat is not filed with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. A. Submission Required i. After approval of a preliminary plat or if the requirement for preliminary plat has been waived by the City Council, the owner or owner's representative shall submit to the City Clerk twelve (12) copies of a final plat for review. Said final plat must be submitted to the City Clerk within 24 months of approval of the preliminary plat, unless an extension has been approved by the City Council. This submission must include accurate and complete information as set forth in 15-2-3B and 15-2-3C, below. 2. The Department of Planning and Community Development will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A final plat with accurate measurements and dimensions, and with easements correctly identified; b. An accurate legal description; c. All required legal documents and accompanying instruments as specified in 15- 2-36 and 15-2-3C, below; d. Construction plans according to the specifications of the City Engineer; 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. Title 15, Land Subdivisions August, 2008 11 4. Upon approval by the City, a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed. Whether or not said infrastructure is essential in nature shall be determined by the City. 5. The applicant shall note any variations from the approved preliminary plat. Requests for minor changes that do not constitute substantive changes may be approved administratively without requiring an amendment to the preliminary plat. Substantive changes, including but not limited to the layout and location of streets, lots, and outlots, changes to the proposed uses of the various lots and outlots, and other similar changes that would result in a substantive change to the character of the subdivision may result in the necessity to file an amended preliminary plat. B. Specifications The final plat shall meet the following specifications: 1. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided, however, if the resultant drawing would be of larger dimension than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _ 100'). 2. Twelve (12) prints of the final plat shall be submitted showing the following information: a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet. b. Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part. c. Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract. d. Accurate legal description of the property boundaries. e. Street names and street right-of-way widths. f. Complete curve notes for all curves included in the plat. g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Block numbers, if used. j. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. k. Location, type, material and size of all markers. 1. Name and street address of the owner and subdivider. Title 15, Land Subdivisions August, 2008 12 m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for utilities. q. Certification by the utility companies that utility easements are properly placed for the installation of utilities. r. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. s. A note on the plat stating, "notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant. 3. The applicant shall submit a digital version of the final subdivision plat as part of the application process. Once the plat has been approved by the City Council, a final copy of the digital version of the plat shall be submitted to the City Engineering Department. Said final digital copy shall be compatible with the Johnson County Geographic Information System and City of Iowa City mapping system. Specific formats, procedures, and methods needed to meet this requirement will be updated as changes in technology occur. C. Accompanying Documents The final plat shall also be accompanied by the following documents: 1. Owner's Statement An acknowledged statement from the owner and the owner's spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may include the dedication to the public. 2. Dedications Dedication of streets and other public properly, including perpetual easements for the installation, operation and maintenance of City utilities. 3. Mortgage Holder's or Lienholder's Statement An acknowledged statement from mortgage holders or lienholders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public. 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as specified in 3, above, and if the land being platted is encumbered in the manner set out in the Code of Iowa, as amended, a certificate shall be filed with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Clerk of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. 5. Attorney's Opinion An opinion from an attorney at law showing that the fee title is in the owner and that Title 15, Land Subdivisions August, 2008 13 the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements, meeting City specifications, must be submitted to the City Engineer's Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that the land being platted is free from taxes. 8. County Auditor's Certificate A certified statement from the County Auditor approving of the name or title of the subdivision as succinct and unique to Johnson County. 9. Subdivider's Agreement a. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit payable to the City in a form approved by the City Attorney. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements. b. The subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. c. The subdivider's agreement shall state: "Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot Title 15, Land Subdivisions August, 2008 14 boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law." d. The subdivider's agreement may include other conditions peculiar to the subdivision as allowed by law. 10. Iowa Department of Transportation Permits Approved IDOT permits must be submitted, if required. D. Review; Approval or Disapproval 1. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development. 2. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager; 3. Said designee(s) shall examine the application, the plat, the construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat. 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City. 5. Upon completion of said review staff shall recommend approval or disapproval of the plat within 45 calendar days of the date the City received a complete application, or the final plat shall be deemed to be approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time. 6. Following staff evaluation, the owner or owner's representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. 7. After receipt of the recommendation of the staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. Title 15, Land Subdivisions August, 2008 15 CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS A. Design of the subdivision shall comply with the standards of this Chapter, provide for the orderly growth and development of the City, demonstrate consistency with the Iowa City Comprehensive Plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to City Code, unless exempted from such requirements according to the provisions herein. C. Public improvements, as defined in this Title, shall be constructed and installed according to the standards established by the City. Copies of said standards are on file in the office of the City Engineer. 15-3-2 Streets and Circulation A. Connectivity of Streets, Sidewalks, and Trails Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following standards. i. Arterial streets must be located and extended in general accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails within the development, and to the property line to provide for their extension to adjacent properties. Each subdivision must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic; to meet the needs of the present and future population served; to have a simple and logical pattern and allow that pattern to continue through adjacent properties; and to respect natural features and topography. 4. Use of cul-de-sacs and other roadways with a single point of access should be avoided. Cul-de sacs will be considered where it can be clearly demonstrated that environmental constraints, existing development, access limitations along arterial streets, or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision. Title 15, Land Subdivisions August, 2008 16 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision approval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited by topography, previous development patterns, or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A, above. The following guidelines will be used by the City in determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the City. i. Additional access may be required if a proposed development will result in any portion of a street that provides a single means of access to an area being overburdened with traffic. Overburdened' shall be defined as a projected volume which exceeds the midpoint design volume as follows: a. Local street: 500 vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes shall be determined by using the most recent Average Daily Traffic count when available, and adding it to projected traffic generation as determined by the City. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if any of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include but are not limited to: slopes 8% or greater; floodplains as designated by the Federal Emergency Management Agency; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches; a grade separated highway; or a railroad. b. The existing access is insufficient to provide efficient, safe, and/or cost-effective routes for the provision of public and emergency services for the proposed development. c. The street, which provides a single means of access to the area, is a local or collector street along which there are existing or proposed facilities that may increase the probability of pedestrian-motor vehicle conflicts. These facilities include but are not limited to schools, daycare centers and parks. d. There are land uses located along the subject street that serve special populations, which may increase the volume of emergency vehicle trips. These uses include but are not limited to adult daycares, facilities serving elderly persons, or persons with disabilities. 4. For a situation requiring additional means of access based on the above criteria, a single means of access may be permitted as a temporary condition. A temporary condition is one in which there is secured, written assurance from the private subdivider that the road, which will provide the necessary access, will be constructed within three years of development or, alternatively, said access is scheduled for Title 15, Land Subdivisions August, 2008 17 construction no later than the third year of the then current Capital Improvements Program of the City. C. Street Types Table 15-1, Standards for Street Rights-of-Way, provides a summary of various street types. The information in this table is intended to provide guidance for the design of the street network within a subdivision. When designing a subdivision, street types should be chosen based on the intended function of the street and anticipated level of traffic. The City will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. D. Dedication of Right-of-Way Land shall be dedicated to the City for all public street rights-of-way within the development and for any public street right-of-way that is needed for streets that abut or will abut the development. Title 15, Land Subdivisions August, 2008 18 Table 15-1: Standards for Street Ri h ts-of-Wa Minimum Pavement width # Traver Parking Maximum Sidewalk Right-of--way Lanes Grade Width width Residential Alle /Rear. Lane 20 ft. 16 ft. 2 No 12% N/A Commercial Alley/Rear Lane 20 ft. minimum 20 ft., varies 2 No 10% N/A / varies Loop Street 100 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. .., minimum / side residential side of varies; street onl Low volume Cul-de-sac 50 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. both side sides Cul-de-sac 60 ft. 26 or 28 ft 2 Yes 10% 5 ft. both sides Local Residential Street 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both sides Local Commercial/Industrial 60 ft. 28 ft. 2 Yes 8% 5 ft. both sides Street Collector Street (all land uses) 66 ft. 31 ft. 2 Yes 10% for 5 ft. both residential; sides 8 % for commercial or industrial Collector Street w/ bike lanes' 66 ft. 34 ft. 2 No 8% 5 ft. both sides 2-lane Arterial Street ` 100 ft. 31 ft. 2 No 8% 8 ft. one side / 5 ft. minimum one side Arterial Street w/ hike lanes 100 ft. 34 ft. 2 No 8% 8 ft. one side / 5 ft. minimum one side 4-lane Arterial Street 100 ft. 54 ft./varies 4 No 8% 8 ft. one minimum depending if side / 5 ft. median is included one side Arterial Street w/ parking' 100 ft. varies, based on 2 Yes 8% 8 ft. one minimum; more number of lanes side / 5 ft. may be required and whether one side depending on parking is parallel parking or angled. confi uration 3-lane Arterial Street 100 ft. 46 ft., /varies 3 No 8% 8 ft. one minimum depending if side / 5 ft. median is included one side Loop streets provide access for 12 or fewer dwellings. z Low volume cul-de-sacs provide access to 10 or fewer single family dwellings s For residential streets with less than 28 feet of avement width, arkin is restricted to one side. E. Measurements and Construction Standards 1. All right-of-way improvements must be designed and constructed according to the design and construction standards established by the City. Said standards are on file in the office of the City Engineer. 2. All street widths shall be measured back-of-curb to back-of-curb. 3. The minimum outside radius of the pavement of cul-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet. For loop streets a median is also required with a Title 15, Land Subdivisions August, 2008 19 minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the S1 standard as described in Article 14-5F, Screening and Buffering Standards. The subdivider's agreement shall designate and set forth procedures for property owners or a homeowner's association to maintain the landscaped area within the center median of loop streets and cul-de- sacs. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the subject lots. F. Street Intersections 1. A maximum of four legs are allowed at any one intersection. 2. The distance between street intersections must be at least 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 80° and 100°. 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15') at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abutting undeveloped areas. In such cases a temporary fire-apparatus accommodating turn-around may be required and, if required, must be constructed to City specifications. G. Traffic Calming Features i. The street network, block length, and layout of lots should be designed in a manner that discourages speeding traffic and unsafe driving behavior. 2. In order to minimize the potential for speeding traffic and create a safer environment for pedestrians and bicycles, the City may also, in cases where it is warranted, require traffic calming features to be designed into the subdivision. These features may include but are not limited to discontinuous streets, curb extensions, raised crosswalks, medians, or traffic circles. H. Street Names The City reserves the right to deny the use of street names that are not in the public interest. Street names must be consistent with the following standards, unless an exception is approved by the City: 1. In order to ensure safe an efficient provision of public and emergency services, each proposed street name shall be distinct from other street names within the larger metropolitan area; 2. Street names that are overly lengthy, difficult to pronounce, or that may be considered inappropriate or unappealing shall be avoided; 3. For new streets, the following rules apply: a. The term "street," should be used for anon-dead-end roadway aligned in a north-south direction. b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west direction; Title 15, Land Subdivisions August, 2008 20 c. The term "boulevard," "road," or "drive" may be used for a roadway that is aligned neither in a north-south nor east-west direction, but which changes direction or meanders; d. The terms "lane," "court," or "circle," or "place" should be used for cul-de-sacs or low volume loop streets. 4. Cul-de-sacs or low volume loop streets may use the same name as the roadway with which it intersects. For example, a cul-de-sac that intersects with Rose Avenue may be named "Rose Court." However, if more than one cul-de-sac or loop street intersects with Rose Avenue, an additional "Rose" name may not be used. 5. Similar names may not be used for streets that are in different locations within the city. For example, the name, "Rose Drive," may not be used in one neighborhood, if there is already a "Rose Avenue" in a different neighborhood. I. Private Streets 1. Private streets in single family residential areas are not allowed. 2. Requests for private streets in multi-family, commercial, and industrial areas will be considered, provided that connectivity to adjacent properties is not needed and the responsibilities for maintenance, snow removal, garbage service, and street sweeping is clearly established according to the provisions of paragraph 3., below. 3. If private streets are approved, the subdivider must submit a legally binding instrument setting forth the procedures to be followed for maintaining private streets and providing garbage service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners of property located within the subdivision, or designated portion thereof, through the use of an owners association or other entity satisfactory to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the owners of lots so designated in the subdivision. 7. Cost sharing for pavement overwidth In the event arterial or collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required fora 28-foot wide local street. The City Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment for pavement overwidth by the City shall be pursuant to State law. K. Cost sharing for street upgrades At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future reconstruction cost of bringing the segment of the subject street that abuts the subject property to City standards. When determining whether such an approval will be granted, the City will evaluate the street based on factors such as roadway surface, sight distance, anticipated traffic levels, and pedestrian/bicycle facilities. If the City permits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: Title 15, Land Subdivisions August, 2008 21 a. Lora I Streets Local streets are streets that serve as access to property and carry insignificant amounts of through traffic. Therefore, the subdivider shall pay 100% of the cost of upgrading a local street to City standards for that segment of the street that abuts the subject property. If the subdivider controls land on only one side of a local street, they will be required to contribute 50% of the cost of upgrading the subject street segment to City standards. The City will expect the subdivider of property on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/developed. Costs to reconstruct the street will be determined by the City Engineer. b. Collector Streets Collector streets are streets that collect traffic from a subdivision or neighborhood, and direct it to and from the arterial street. The function of a collector street is 50% access to property, and 50% through traffic. Therefore, the subdivider will be required to contribute 50% of the cost to upgrade a collector street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 50%. If a subdivider controls land on only one side of the collector street, they will be required to contribute 25% of the total cost for the subject street segment. The City will expect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. c. Arterial Streets Arterial streets have the primary function of carrying traffic through and between neighborhoods. The function of an arterial street is 25% access to property, and 75% through traffic. Therefore, the subdivider will be required to contribute 25% of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property, with the City contributing the other 75%. If a subdivider controls land on only one side of the arterial street, they will be required to contribute 12.5% of the total cost of the subject street segment. The City will expect the subdivider on the other side of the arterial street to contribute the other 12.5% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. Public sidewalks, trails, and pedestrian connections shall be constructed in the public right-of- way according to the following standards: A. Sidewalks, trails, and pedestrian connections shall be constructed according to City standards. Said standards are on file in the Office of the City Engineer. B. Five-foot-wide concrete sidewalks must be constructed along both sides of all local and collector streets, except for connections to existing sidewalks as provided in subsection D, below. For low volume and loop streets, as described in Table 15-1, the required sidewalk width may be reduced to four feet. Title 15, Land Subdivisions August, 2008 22 C. Along arterial streets, afive-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side, except as allowed in subsection D, below. The City will determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its discretion, will either pay for the excess pavement required for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to construction of an 8-foot sidewalk by the City. Any payment of excess pavement costs by the City shall be pursuant to State law. D. In cases where the proposed sidewalk provides a connection between existing sidewalks that are less than the required width, the proposed sidewalk may be constructed to match the width of the adjacent sidewalks. However, this modification is not allowed in cases where one end of the proposed sidewalk will provide a connection to future sidewalks for new development. In such a case, the sidewalk should be tapered to provide a transition between differing sidewalk widths. The City will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and trails within the development and to the property line to provide for their extension to adjacent properties. F. The subdivider will be responsible for the construction of a public sidewalk along the frontage of private open space, public open space required to be dedicated to the City according to the Article 14-5K, Neighborhood Open Space Requirements, and along the frontage of other outlots as necessary for a continuous sidewalk system to be created. G. In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections between adjacent streets, unless said connection is deemed to be unnecessary and is waived by the City. At the time of subdivision, these connections must be platted as minimum 15-foot-wide easements; if the connecting sidewalk is greater than 5 feet in width, the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to City standards that is equal in width to the sidewalks to which it provides a connection. If the mid-block sidewalk connects to sidewalks of two different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk within the pedestrian easement must be maintained by adjacent property owners according to the subdivider's agreement in a manner similar to maintenance requirements for public sidewalks. H. Where a trail extension, as identified in the Comprehensive Plan or an adopted trails plan, is located on the subject property, the City may require an easement or alternatively, may require dedication of an outlot for the trail. Construction of the trail or portion of a trail may also be required in instances where said trail or portion of a trail primarily serves the needs of the proposed subdivision/development. In this situation, the trail will be treated as a public improvement. Dedication of land for a trail extension shall count toward the open space requirement for the development, provided said land is consistent with the standards for open space as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the City. Title 15, Land Subdivisions August, 2008 23 15-3-4 Layout of Blocks and Lots A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non-residential destinations and public gathering places. 2. To provide multiple travel routes within and between neighborhoods, block faces along local and collector streets should range between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accommodate two tiers of lots. Longer block faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing development prevents shorter block lengths, although mid-block pedestrian connections may be required (See Section 15-3-3, above). Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in length. Intersecting collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block faces may be required along high capacity or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The City may approve shorter block faces in high density commercial areas or other areas with high pedestrian counts. 4. Cul-de-sacs may not exceed 900 feet in length. The length of a cul-de-sac is measured from the center line of the street from which it commences to the center of the bulb. B. Lots 1. Lots must be platted in a manner that will allow development that meets all requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street-side lot lines. 3. If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any Multi-Family, Group Living, Commercial, Institutional or Industrial Use, across-access easement must be provided by the properly owner to all adjoining properties that front on the same arterial street that are or may be developed as Multi-Family, Group Living, Commercial, Institutional Use, or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoided. Where such lots are necessary to overcome specific disadvantages of topography, land features, or access restrictions, the following standards apply: Title 15, Land Subdivisions August, 2008 24 a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. Corner lots with only two frontages are exempt from this requirement, however, said corner lots should be platted with enough land area to accommodate the required front setback area along both frontages. b. Double and triple frontage lots where dwellings will have side or rear building facades oriented toward an arterial street shall provide a minimum 20-foot wide landscaped buffer area along the arterial street frontage. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Lots where dwellings will have front building facades oriented toward an arterial street are exempt from this requirement. If a buffer area was required during subdivision, no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat. On corner lots, the landscaping within the buffer must be planted and maintained to comply with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines or be approximately radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approximate right angles" means angles between 80° and 100°. 6. Residential lots shall not be designed with irregular shapes such as a flag or panhandle shape where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions, lots must be arranged to allow easy access to public open space. The subdivision layout should be designed so that the location and access to public open space is readily apparent to the public. Subdivision layouts where public open space is surrounded by private lots that back up to the public open space are discouraged. Techniques, such as single-loaded streets along park edges or along segments of park edges and well-marked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the Effect of Highway Noise Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Highway 218 rights of way shall comply with the following provisions, intended to reduce the effect of highway noise on residential areas. 1. Any portion of a residential lot that is within 300 feet of the Interstate 80 or Highway 218 right-of-way shall be identified as a noise buffer, and no residential structure will be permitted within this 300-foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Existing trees and vegetation may be used to comply with this requirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm, decorative wall, or other similar Title 15, Land Subdivisions August, 2008 25 structure and demonstrates that the highway noise just outside the proposed residential structures will be no more than 60 dBA. 3. The 300-foot buffer for residential structures may also be reduced with approval by the City if the subdivider demonstrates that existing topography results in highway noise being no more than 60 dBA just outside the proposed residential structures. A. Intent and Purpose The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this Chapter is not intended to fund the acquisition of community parks or large playing fields for organized sports. B. Dedication of Land or Payment of Fees In Lieu of Land Required As a condition of approval for residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements ~ ~ ~ ~ ~ ~ A. Extension of energy distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shall be made underground from existing systems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way. B. The applicant shall provide all easements necessary for access to street lights, to allow energy and communication system services for the subdivision, and the easements shall be included as part of the plat of the subdivision. C. In new subdivisions, the electric public utility company shall provide underground wiring to the pole sites for appropriate street lights as determine by the City Manager or designee. A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set forth in Chapter 16-3, City Utilities. The sanitary sewer in each defined drainage area shall extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the City. Title 15, Land Subdivisions August, 2008 26 B. Project specific tap-on fees may apply as set forth in Section 16-3B, Project Specific Tap- On Fees. C. If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in Section 16-3G, Storm Water Collection, Discharge, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary to provide for extension by adjoining properties, as determined by the City. A. The developer shall provide the subdivision with a complete water main supply system as set forth in Chapter 16-3, City Utilities, including hydrants, valves and all other appurtenances, which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension by adjoining properties, as determined by the City. The system shall provide for a water connection for lots and shall be connected to the City water system. B. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. ~ -~ ~~ A. All new residential or commercial developments platted after (the effective date of these regulations) that receive curbside delivery of mail shall have clustered mailboxes, unless an exception is approved by the United States Postal Service. The location of mailbox clusters shall be noted on the plat. B. Mailbox clusters serving residential developments shall be conveniently located for residents. To that end, mailbox clusters should be located within one block or approximately 600 feet walking distance (whichever is less) from any residential property served by said mailbox cluster. Adjustments to this distance criteria may be approved when there are not enough lots within one block or 600 feet to form a cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets, etc. Driveways shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the City's intersection visibility standards. Locations and design must be approved by the City and the United States Postal Service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull-over lane built to City specifications. Title 15, Land Subdivisions August, 2008 27 C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA Standards for Accessible Design. The cost of installation, including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be carried out by the United States Postal Service. An iron rod meeting specifications of State Code shall be placed as follows: A. At the intersection of all lines forming angles in the boundary of the subdivision. B. At block and lot corners and changes in direction of block and lot boundaries. C. At the beginning and ending points of curves and at lot lines intersecting the curves. ~- A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to City standards. Said standards are on file in the office of the City Engineer. B. Construction plans and specifications, including plans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. Construction shall not commence until the City Engineer approves the plans and specifications. C. If the infrastructure and/or grading cannot be designed to comply with City standards a new preliminary plat may be required at the discretion of the City. D. Record of Construction drawings must be submitted in hard copy and in digital form before public improvements will be accepted by the City. ~- A. The City Engineer or designee shall inspect the installation of all public improvements in new subdivisions to insure compliance with the requirements. B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the inspection by the City. C. Grading shall be inspected and certified by the developer's engineer. 15-3-14 Off-Site Costs for Public Im rovements A. From time to time off-site public improvements are necessary to enable the subdivision and development of a property. At such times, the subdivider shall be responsible for the extension of infrastructure. If said infrastructure or certain aspects of said infrastructure is included in the City's Capital Improvements Program in a year coincident with the Title 15, Land Subdivisions August, 2008 28 development proposal, the City may, at the City's discretion, assume responsibility for the extension of the subject infrastructure. B. Off-site improvements shall be designed and constructed according to plans and specifications approved by the City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may share in the expense thereof. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. Title 15, Land Subdivisions August, 2008 29 ~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," TO DECLARE ADDITIONAL AREAS AS NONSMOKING PLACES AND TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," TO INCREASE THE FINE FOR LITTERING IN CITY PLAZA. WHEREAS, HF 2212, the Smokefree Air Act ("the Act"), which will be codified at chapter 142D of the Code of Iowa and which went into effect on July 1, 2008, prohibits smoking in many public places; WHEREAS, the Act allows the City to declare additional areas within its custody or control that are otherwise exempt under the Act to be nonsmoking places; WHEREAS, to discourage littering in city plaza that is likely to increase with the prohibition of smoking in restaurants and sidewalk cafes, the fine should be increased to $300.00; and WHEREAS, it is in the City's best interest to declare additional areas to be nonsmoking places and to increase the fine for littering in city plaza. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," is hereby amended by adding a new chapter 10, entitled "Smokefree Places" as follows: It is illegal to smoke in a Smokefree Place. Pursuant to HF 2212, section 5, to be codified at section 142D.5 of the Iowa Code, the City declares the following areas to be Smokefree Places: A. Iowa City Municipal Airport B. Municipal Parking Ramps except privately owned vehicles that are not located in the Chauncey Swan Parking Ramp during the Farmer's Market (Wednesdays from 5:00 pm to 7:30 pm and Saturdays from 7:00 am to 11:30 am from May 1 through October 31). C. City plaza in the area to the east of the southeast corner of 125 S. Dubuque Street (a/k/a Plaza Centre One), as illustrated on the diagram below. City plaza is defined in Section 10-5-2 of this code. D. The area between the public library and Linn Street including the sidewalk, as illustrated on the diagram below. E. Napoleon Park except the parking lot and the Iowa River Corridor Trail F. Baseball/softball complex at Mercer Park not including the parking lots _. --_ G. Iowa City KicTcei•s Soccer ark including the parkinglofs H. The Area within 50 feet of the City Park pool building and the fence that encompasses the City Park pool and the area inside the fence I. Riverside Festival Stage/seating area and the area within 50 feet of Riverside Festival Stage/seating area J. Bobby Oldis Baseball Fields in Lower City Park including the bleachers, sidewalk, and all other areas between the fields K. The area within 50 feet of the amusement rides in Lower City Park L. Skateboard Park M. Tennis courts in all city parks N. Dog parks O. Chauncey Swan Park on Wednesdays from 5:00 pm to 7:30 pm and on Saturdays from 7:00 am to 11:30 am from May 1 through October 31. P. The area within 50 feet of any outdoor stage or location where musicians are performing during Arts Fest, Jazz Fest, Friday Night Concert Series or any other outdoor entertainment venues where members of the general public assemble to witness entertainment events. Q. The streets and adjacent sidewalks along the parade route of the University of Iowa Homecoming parade from 5:00 pm to 8:00 pm on Friday evening of the homecoming parade. 2. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections," is hereby amended by amending the fine for littering in city plaza to $300.00 as follows: Description of Fee, Charge, Bond, Amount of Fee, Charge, City Code Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Reference Litteringexcept for city plaza $ 70.00 16-3H-11 C Littering in city plaza $300.00 16-3H-11 C City plaza is defined in Section 10-5-2 of this code. SECTION II. VIOLATION. HF 2212, the Smokefree Air Act, which is to be codified at chapter 142D of the Code of Iowa, provides that smoking is prohibited in the "seating areas of outdoor sports arenas, stadiums, amphitheaters and other entertainment venues where members of the general public assemble to witness entertainment events." HF 2212 also allows the City of Iowa City to declare additional areas as nonsmoking places. In Paragraphs 1A-1 O of this ordinance, the City is declaring additional areas as non- smoking, and violation of Paragraphs 1A-10 shall be considered a municipal infraction with a civil penalty of $100.00 for first offense, $200.00 for second offense, and $500.00 for third and subsequent offenses. In Paragraphs 1P and 1Q of this ordinance, the City of Iowa City is defining said seating areas and violation of Paragraphs 1 P and 1 Q shall by the enforcement provisions in HF 2212, to be codified at section 142D.8, and not by municipal infraction. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK p roved by City Attorney's Office ~ ~ 02 ~ y ~" v v v~ 0 ~Q x ~' ~nnn~o 4~ V c~ b,1p N O ~ o 0 CA N .~.y ~ m O . ~ ~,~ ZU~ v ;aaa;s uuTZ o ~_ ~aa~;s uo;uii~ 0 0 ~~ o 0 0 ^®^ ~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 8 / 26 / 2008 Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~~®~ CITY OF [OWA CITY ~g ~III~~~ ®,~~ RA 1U D U ~ ~E~a DATE: AUGUST 20, 2008 TO: CITY COUNCIL FROM: ELEANOR M. DILKES, CITY ATTORNEY RE: ORDINANCE DECLARING ADDITIONAL NO-SMOKING AREAS The Smokefree Air Act ("the Act"), which went into effect on July 1, 2008, prohibits smoking in many public places. In addition, the Act allows the City to declare additional areas within its custody or control that are otherwise exempt under the Act to be nonsmoking places. As Council directed, the agenda contains an ordinance that prohibits smoking in all City parking ramps, the area around the playground equipment near the library and youth sports areas in the parks as identified by Terry Trueblood. The ordinance further prohibits smoking at the airport, which was recommended by the Airport Commission. The recommendation of the Airport Commission is in the draft meeting minutes for July 10, 2008, which can be found in the August 7, 2008 Info Packet. Terry Trueblood discussed this issue with the Parks and Recreation Commission. The Commission recommended that smoking not be prohibited in all parks at this time but will revisit the issue after the Act has been in place for a year or so. The Commission is concerned that there will be increased littering in city plaza (a/k/a the ped mall) because there is no smoking in sidewalk cafes or the restaurants, and as a result, it recommends that the fine for littering in city plaza be increased to $300.00. The ordinance provides for this increase. The recommendation of the Parks and Recreation Commission meeting is in the draft meeting minutes for July 16, 2008, which can be found in the August 7, 2008 Info Packet. The Act prohibits smoking in "seating areas of sports arenas ... and other entertainment venues where members of the general public assemble to witness entertainment events. In order to clarify the meanin of these "seatin areas" on Cit ro ert ,the ro osed ordinance rohibits smokin a within g g Yp P Y P p P 9~ ) 50 feet of stages where musicians are performing in Friday Night Concert Series, Arts Fest, and Jazz Fest; b) in some parks entirely, such as Kickers, and portions of other parks, such as the Shakespeare Festival Stage in City Park; and c) during the Iowa Homecoming Parade. After consultation with Terry Trueblood, the ordinance also prohibits smoking in Chauncey Swan Park during the Farmers Market, dog parks, skateboard park, amusement rides in City Park, City Park Pool, and tennis courts. Additionally, the ordinance contains two different enforcement provisions. If someone smokes in a newly designated area, the violation will be a municipal infraction. If someone smokes in a seating area, which is prohibited by the Act and clarified by this ordinance, the enforcement is provided by state law. Terry Trueblood and I will be available at your work session to answer questions. Copy to: City Manager Asst. City Manager City Clerk Terry Trueblood / f'O Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 31 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH A SAFETY," TO DECLARE ADDITIONAL AREAS AS NONSMOKING PLACES AND TLE 3, ENTITLED CITY FINANCES, TAXATION AND FEES," TO INCREASE THE FI FOR LITTERING IN ,CITY PLAZA. WHEREAS, HF~12, the Smokefree Air Act ("the Act"), which will b codified at chapter 142D of the Code of Iowa and whit went into effect on July 1, 2008, prohibits smo ~ g in many public places; WHEREAS, the Act Ilows the City to declare additional areas thin its custody or control that are otherwise exempt under t Act to be nonsmoking places; WHEREAS, to discoura a littering in city plaza that is likely to ' crease with the prohibition of smoking in restaurants and sidewalk c es, the fine should be increased t $300.00; and WHEREAS, it is in the City best interest to declare additi al areas to be nonsmoking places and to increase the fine for littering in ci plaza. NOW, THEREFORE, BE IT O DAINED BY THE CITY OUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health an Safety," is "Smokefree Places" as follows: It is illegal to smoke in a Smokefree la 142D.5 of the Iowa Code, the City decl'ai A. Iowa City Municipal Airport B. Municipal Parking Ramps C. City plaza in the area to the east of Centre One), as illustrated on the diagra D. The area between the public library diagram below. Pu the amended by adding a new chapter 10, entitled to HF 2212, section 5, to be codified at section ig areas to be Smokefree Places: southeast corner of 125 S. Dubuque Street (a/k/a Plaza how. City plaza is defined in Section 10-5-2 of this code. i i~inn Street including the sidewalk, as illustrated on the E. Napoleon Park except the parkin of and the Iowa River Corridor Trail F. Mercer Park except the parking I is ~~ G. Iowa City Kickers Soccer Park ' eluding the parl~g lots H. The Area within 50 feet of the ity Park pool build'Ing and the fence that encompasses the City Park pool and the area inside the fenc ~` I. Riverside Festival Stage/se ng area and the area whin 50 feet of Riverside Festival Stage/seating area `', J. Bobby Oldis Baseball F' Ids in Lower City Park including the bleachers, sidewalk, and all other areas between the fields / K. The area within 50 feet~~Of the amusement rides in Lower~City Park L. Skateboard Park // M. Tennis courts in all ~tty parks •, N. Dog parks ~'•,. O. Chauncey Swan1Park on Wednesdays from 5:00 pm to 7:30 pm and on Saturdays from 7:00 am to 11:30 am frora'S May 1 through October 31. ' P. The area withi~ 50 feet of any outdoor stage or location where musicians are performing during Arts Fest, Jazz hest, Friday Night Concert Series or any other outdoor entertainment venues where member~r'of the general public assemble to witness entertainment events. Q. The street and adjacent sidewalks along the parade route oi`, the University of Iowa Homecomin~:parade from 5:00 pm to 8:00 pm on Friday evening of the hor't~ecoming parade. 2. Title 3, entif(ed "City Finances, Taxation and Fees," Chapter 4, entitled '"Schedule of Fees, Rates, Charges, fonds, Fines and Penalties," Section 9, entitled "Violation of V~ious Code Sections," is hereby a~'nended by amending the fine for littering in city plaza to $300.00 as ~gllows: Descrif~tion of Fee, Charge, Bond, Amount of Fee, Charge, Citjn Code Chapter, Fine,~r Penalty Bond, Fine or Penalty Article or Section Reference L' teringexcept for city plaza $ 70.00 16-3H-11C Littering in city plaza $300.00 16-3H-11C City plaza is defined in Section 10-5-2 of this code. SECTION II. VIOLATION. HF 2212, the Smokefree Air Act, ich is to be codified at chapter 142D of the Code of Iowa, provides that smoking is prohibited in the " eating areas of outdoor sports arenas, stadiums, amphitheaters and other entertainment venues whey members of the general public assemble to witness ent ~ ment events." HF 2212 also allows the Cit of Iowa City to declare additional areas as nonsmoking places. n Paragraphs 1A-10 of this ordinance he City is declaring additional areas as non- smoking, and violation f Paragraphs 1A-10 shall be cons ered a municipal infraction with a civil penalty of $100.00 for first offen e, $200.00 for second offense, nd $500.00 for third and subsequent offenses. In Paragraphs 1 P and 1 of this ordinance, the City of Iowa City is defining said seating areas and violation of Paragraphs 1P nd 1Q shall by the enf rcement provisions in HF 2212, to be codified at section 142D.8, and not by m nicipal infraction. SECTION III. REPEALER. X411 ordinances and arts of ordinances in conflict with the provision of this Ordinance are hereby repealed. ~., SECTION IV. SEVERABILITY`.Slfsny section provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adj~~kkiiication sh II not affect the validity of the Ordinance as a whole or any section, provision or part thereof not^a~judged ' valid or unconstitutional. SECTION V. EFFECTIVE DATE. This dinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day , 2008. MAYOR ATTEST: CITY CLERK Approved by j ~~.~~~aa ,~ ~ City Attorney's Office t~ 1 r %+ I~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO MAKE THE DEFINITIONS AND OTHER PROVISIONS CONSISTENT WITH THE ZONING CODE AND BUILDING RELATED CODES AND TO INCREASE THE SAFETY OF OWNER OCCUPIED AND RENTAL HOUSING. WHEREAS, as recommended by the Neighborhood Housing Relations Task Force, the Housing Code was amended in 2003 to address tenant behavior; WHEREAS, other than the amendment in 2003, the Housing Code has not been amended since 1995; WHEREAS, the Building, Plumbing, Electrical, Mechanical, Electrical and Fire Codes have been amended multiple times since 1995, and the Housing Code should reflect the current provisions in these codes; WHEREAS, many terms in the Housing Code are also in the new Zoning Code, and the definitions in the Housing Code should be the same as those in the Zoning Code; and WHEREAS, it is in the best interest of the City to adopt these amendments for the health and safety of home owners and tenants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 3, entitled "Definitions," is hereby amended by deleting the definitions of Accessory Structure, Duplex, Dwelling Unit, Family, Habitable Room, Inspector, Kitchen, Reside, and Temporary Housing and adding the following new definitions: ACCESSORY BUILDING/USE/STRUCTURE: A building, structure, or use which: A. Is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use; and B. Is under the same ownership as the principal use or uses on the property; and C. Does not include structures, structural features, or activities inconsistent with the uses to which they are accessory; and D. Except for off street parking located on a separate lot as approved through a special exception, is located on the same lot as the principal use or uses to which it is accessory. DUPLEX: A structure in which there are two (2) dwelling units within a single building, and both dwelling units are located on the same lot. DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, eating of meals and sanitation. FAMILY: One person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A "family" may also include the following: A. Two (2), but not more than two (2), persons not related by blood, marriage or adoption; or B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housing amendments act of 1988, who are occupying a dwelling unit as a single housekeeping organization. GUEST: An individual who shares a dwelling on a temporary basis for not more than thirty (30) days in any given calendar year; or a person who stays in a hospitality oriented retail use. HABITABLE ROOM: A room or enclosed floor space within a dwelling unit or rooming unit, having a minimum of seventy (70) square feet of total floor area with not less than 7 feet in any horizontal dimension, used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces, stairways and recreation rooms in basements (see definition of Recreation Room In Basement). INSPECTOR: The official or officials of the city who administer the provisions of the housing, building, nuisance and zoning codes, together with duly authorized representative(s) and/or agent(s). KITCHEN: A room used or intended to be used for cooking or the preparation of meals. OCCUPANT: A person who is physically present in the dwelling and is engaged in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 31 days in any calendar year or who is a tenant. Ordinance No. Page 2 OWNER OCCUPANT: An owner who is physically present in the dwelling and is engaged in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 90 days in any calendar year. PORCH: A platform completely covered by a roof located and attached to a building. TEMPORARY HOUSING: Any tent, trailer, motor home or other structure used for human shelter and designed to be transportable and not attached to the ground, to another structure or to any utilities system on the same premises. Such temporary housing may occur for no more than 21 consecutive days nor exceed a total of 45 days in any calendar year. TO LET: The granting, either in writing or orally, by the owner or operator to another the right to possess a dwelling. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Permit" is hereby amended by deleting the first paragraph in Subsection A and inserting in lieu thereof the following: Certificate And Permit Required For Rental Property: It shall be a violation of this code for any person, except an owner occupant, to let to another any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner occupied, single-family dwellings, containing no more unrelated persons than permitted by the zoning ordinance) or rooming houses unless: 3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Permit" is hereby amended by deleting Subsection C3 and inserting in lieu thereof the following: Issuance of Permit: When all provisions of section 17-5-19 of this chapter have been complied with by the owner or operator, the department of housing and inspection services shall issue a rental permit upon payment of all permit and reinspection fees, the amounts of which shall be established by resolution of the city council. However, unless the director determines there is good cause, the rental permit shall not be issued if there are any open building permits on the property, if there are any unpaid judgments entered against the owner in a municipal infraction for a code violation on the property or on any other rental property of the owner, or if the owner has failed to cure a violation on the property or on any other rental property of the owner as ordered by the court. 4. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Permit" " is hereby amended by adding the following new Paragraph b(4) of Subsection C5: Violation of this provision authorizes the city to issue municipal infraction citations to any tenant, whose corrective action is considered necessary by the city to abate and avoid further code violations, who fails to attend, refuses to sign or subsequently fails or refuse to comply with conditions or requirements set forth in a code compliance settlement agreement. 5. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Permit" is hereby amended by adding the following new Paragraph 9g of Subsection C5: Failure by the owner to pay a judgment or to cure a violation as ordered by the court in a municipal infraction for a code violation on the property or on any other rental property of the owner. The rental permit shall be reinstated upon payment of the judgment or abatement of the violation. 6. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection D and inserting the following in lieu thereof: , Water Heating Facilities: Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the housing code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required under the provisions of the housing code at a temperature of not less than one hundred ten degrees Fahrenheit (110°F) (43°C). Such supplied water heating facilities shall be capable of meeting the requirements of this section when the required space heating facilities are not in operation. 7. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Paragraph a of Subsection F1 and inserting the following in lieu thereof: Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other, and both shall discharge directly or via corridors or stairways or both to a public way or yard. If both means of egress are designated to a common corridor, they shall be in opposite directions immediately upon exiting the dwelling unit or rooming unit, except a common path of travel may Ordinance No. Page 3 be permitted for the first twenty feet (20'). Dead end corridors shall not exceed twenty feet (20') in length. Any existing fire escape shall not be deemed a sufficient means of egress unless it is in compliance with Appendix A of this chapter. Any new fire escape must meet the requirements of the city building and fire codes. 8. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Paragraphs f and g of Subsection F2. 9. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 14 and inserting the following in lieu thereof: No fuel burning appliance shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. 10. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 15 and inserting the following in lieu thereof: Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure relief valve. 11. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection K2 and inserting the following in lieu thereof: Maximum Occupancy: Not more than one family, plus that number of unrelated persons permitted in the zoning ordinance shall occupy a dwelling unit. 12. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection L and inserting the following in lieu thereof: Fire Protection Equipment: All fire extinguishers and early warning fire protection systems shall be properly installed according to the city fire, building and housing codes. 13. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amended by deleting Subsection 15 and inserting the following in lieu thereof: Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure relief valve. 14. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection B and inserting the following in lieu thereof: Lighting of Public Halls and Stairways: 1. Public passageways and stairways in dwellings accommodating two (2) dwelling units or rooming units shall be provided with a convenient wall mounted light switch(es) which activates an adequate lighting system. 2. Public passageways and stairways in buildings accommodating three (3) or more dwelling units or rooming units shall be lighted at all times with an artificial lighting system, in accordance with the city building code. 15. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection C and inserting the following in lieu thereof: Fire Extinguishers: Fire extinguishers which are approved by the fire marshal shall be provided within every single-family dwelling, dwelling unit within a duplex and dwelling unit within a multiple dwelling. Multiple dwellings shall have fire extinguishers located within each laundry room and central mechanical room; except where these rooms are contiguous, they may be served by one fire extinguisher. Laundry rooms and central mechanical rooms which are equipped with an automatic sprinkler system are exempt. The minimum size fire extinguisher is a 5 Ib. 2A 10BC. Fire extinguishers must be properly mounted and in an area of easy access. Rooming houses are required to have a 5 Ib. 2A 106C rated fire extinguisher supplied on each floor level, including habitable basement areas, and in each kitchen. Fire extinguishers supplied in areas of public access shall be contained within an approved tamperproof cabinet. Ordinance No. Page 4 16. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection D and inserting the following in lieu thereof: Early Warning Fire Protection System: All dwelling units and rooming units shall be provided with smoke detectors as approved by the fire marshal. Smoke detectors shall be installed in accordance with the manufacturer's instructions. Dwelling units shall have smoke detectors located on each floor level, including basements, in each bedroom, and hallways serving bedrooms. Multi-family and rooming houses shalt have smoke detectors in common corridors, stair towers and stairways constructed prior to 1978. Smoke detectors shall be operable at all times, and when actuated, the detector shall provide an alarm for the dwelling unit(s) or rooming unit(s). An owner or owner's agent of a multiple unit residential building, rooming house, duplex or single-family dwelling shall supply light-emitting smoke detectors, upon request, for a tenant with a hearing impairment. New construction and remodeling shall be in accordance with the city building code. 17. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection F and inserting the following in lieu thereof: Lead Based Paint: Every owner or operator of a dwelling unit or rooming unit being let for rent and/or occupancy shall certify that the dwelling is in accordance with HUD lead based paint regulations, 24 CFR Part 35, issued pursuant to the lead based paint poisoning prevention act, as amended. 18. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Paragraph c of Subsection Al and inserting the following in lieu thereof: The required occupancy separations shall be provided and maintained in all structures having mixed or multiple occupancies. The one hour occupancy separation between dwellings and garages shall be provided regardless of the date of construction and may be limited to the installation of materials approved for one hour fire resistive construction on ,the garage side and a tight fitting, twenty (20) minute rated door or approved equivalent opening protection as required by the city building code. 19. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection G1 and inserting the following in lieu thereof: Every means of egress shall be maintained in good condition and shall be free of obstruction at all times. Fire escapes, exit corridors, exit stairways and escape and rescue windows and any other means of egress shall be maintained in a good state of repair at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems shall be maintained in good condition at all times. Required fire doors shall be maintained self-closing and self-latching as required by the city building code. 20. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection I and inserting the following in lieu thereof: Electrical System: The electrical system of every dwelling or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, improper fusing or for any other cause, expose the occupants to hazards of electrical shock or fire, and every electrical receptacle, switch and fixture shall be complete as manufactured and maintained in a good and safe working condition. Only approved extension cords and multiplug adapters or other devices approved by the inspector shall be allowed. All electrical wiring newly installed or replaced shall be in compliance with the city electrical code. 21. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection J and inserting the following in lieu thereof: Plumbing System: Every supplied plumbing fixture, water piping and waste piping shall be maintained in a good and sanitary condition. All plumbing installed or replaced shall be so designed as to prevent contamination of the water supply through backflow, back siphonage or cross connection. All plumbing newly installed or replaced shall be in compliance with the city plumbing code. A minimum water pressure. of fifteen (15) pounds shall be maintained to all open outlets at all times. 22. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection K and inserting the following in lieu thereof: Gas Piping and Appliances: All gas piping shall be properly installed, properly supported and shall be maintained free of leaks, corrosion or obstruction so as to reduce gas pressure or volume. Every gas appliance shall be connected to a gas line with solid metal piping or approved listed metal appliance Ordinance No. Page 5 connector preceded by an approved listed shutoff valve. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. All gas piping shall be in compliance with the city plumbing code. 23. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection Q1 and inserting the following in lieu thereof: All fire extinguishing devices and all early warning fire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the city fire code and subsections 17-5-18C and D of this chapter. Buildings which are required to have an automatic fire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of NFPA 72, as amended. Buildings which are required to have an automatic sprinkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of NFPA chapter 25, as amended. 24. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection R and inserting the following in lieu thereof: Guardrails and Handrails: All guardrails and handrails shall be maintained in a safe and sound condition at all times. Guardrails shall be provided where there is an abrupt elevation change exceeding thirty inches (30") adjacent to pedestrian areas. Guardrails and handrails which are newly installed or replaced shall comply with the city building code. 25. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by adding the following new Subsection V3: No owner or operator shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. Upholstered furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was temporarily placed outside during the move of a resident; or b) That the furniture was temporarily placed outside during the hours of 6:00 am to 6:00 pm in order that it be offered for sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale. The second defense is not available if the furniture is located outside for more than two days in any six- month period. 26. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection X2 and inserting the following in lieu thereof: No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued or amended. 27. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 20, entitled "Responsibilities of Occupants Relating to the Maintenance and Occupancy of Premises, is hereby amended by adding the following new Subsection A6: No occupant shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. Upholstered furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was temporarily placed outside during the move of a resident; or b) That the furniture was temporarily placed outside during the hours of 6:00 am to 6:00 pm in order that it be offered for sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale. The second defense is not available if the furniture is located outside for more than two days in any six- month period. Ordinance No. Page 6 28. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," is hereby amended by deleting Exhibit B in its entirety and substituting in lieu thereof the following: APPENDIX B GUIDELINES FOR ELIMINATING LEAD BASED PAINT HAZARDS These guidelines are derived from documents published by the Iowa department of public health childhood lead poisoning prevention program entitled "Eliminating Lead-Based Paint Hazards." 1. Remove lead-based paint carefully! You should NEVER dry scrape or dry sand lead-based paint on the inside or outside of your home. Always mist surfaces with water before scraping or sanding them. Use a tarp or piece of plastic to catch paint chips when you are working on the outside of your house. This will keep paint chips from falling on the soil. If you are working outside, close windows to prevent lead dust from entering the home. 2. DO NOT sandblast or waterblast lead-based paint on the outside of your home. You do not want the paint chips to end up all over your yard or the neighbor's yard. Sandblasting and waterblasting is safe ONLY if you have a special machine that will catch the paint chips. 3. Remove furniture, drapes, and if possible, carpet from the room you will work in before starting work. Cover the floor and furniture that cannot be removed from the room with a sheet of 6 mil plastic. Seal each room from the rest of the house with plastic while working in it. Be careful not to track dust and paint chips into other areas of the home. 4. Wear a negative pressure, half-mask respirator with a magenta (purple) HEPA filtration canister. You can buy these respirators at auto parts stores (used for brake and clutch work). The respirator will « ~~ say HEPA Filters -Asbestos Approved. Be sure to read the instructions for positive and negative facefit tests and for cleaning the respirator. If the respirator does not fit properly, it will not protect you. It will also not protect you if it is dirty. These masks do not protect against organic vapors from heat guns or paint strippers. So, use heat guns and paint strippers only where there is good ventilation. This will help disperse any organic vapors from the strippers or from heating the paint. 5. Replace the filters on the respirator if they are damaged. You should also replace them if it gets hard to breathe. This means that the filters are plugging. Wash the facepiece (without the filters) with mild soap. Store the respirator in a bag outside of the work area. 6. If you have asthma, emphysema, or heart problems, do not try to wear a respirator. Take off the respirator immediately if you feel short of breath. If you have a perforated eardrum that has not been repaired, this respirator will not protect you from inhaling lead dust. 7. If you will be using a heat gun, make sure it is aloes-temperature heat gun that operates below 0 1100 F. 8. Do not eat, drink, or smoke until you have left the work area and thoroughly washed your hands and face. Take a shower, wash your hair, and change clothes before coming in contact with others. 9. Keep pregnant women and children out of the room if you are working on a small project. A small project would be working on only a few surfaces in one room at a time. For larger projects, keep pregnant women and children out of the home until you complete the job. 10. After you complete the job, wash all surfaces thoroughly with any household detergent. Vacuum with a HEPA vacuum or a regular vacuum with microfilter bags. Shampoo carpets using a machine that pumps liquid into the carpet and pulls it back out. 11. Place paint chips, dust, and pieces of wood in a plastic bag at the end of each day. Put this with your garbage that will go to the landfill. After you complete work to eliminate lead-based paint hazards, you must maintain the remaining lead-based paint in good condition. You should also frequently clean the house. Wash floors, window sills, areas between the windows, and other places where dust and dirt accumulate at least once a week. Check the condition of lead-based paint frequently. You need to repair paint when it begins to deteriorate. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. SECTION IV. 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. Ordinance No. Page 7 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Approved by g'~~6 ~c3~1 City Attorney's Office Sue/ord/ordhsgcode.doc Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance First Consideration 8 / 26 / 2008 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ^'~__---r.®~ CITY CAF IOWA CITY 17 ~ ~~ll~~~ ®~~~ RA N D L[ M M~~o Date: August 15, 2008 To: City Council From: Norm Cate, Senior Housing Inspector Re: Housing Code Update The City of Iowa City's housing code was last updated in 2003 when regulations were added to address tenant nuisance behavior (e.g. disorderly house, disorderly conduct, assaults, etc.). That 2003 addition to the housing code is now commonly referred to as the nuisance property amendment. However, it has been more than 15 years since the housing code has been updated to reflect the changes over that time in the city's zoning, building, plumbing, mechanical, electrical and fire codes. Therefore, many of the code references and verbiage within the housing code are outdated. Areas of the housing code that are under consideration for additions and/or deletions are; sections 17-5-3 DEFINITIONS; 17-5-16 RENTAL PERMIT; 17-5-17 & 18 MINIMUM STRUCTURE STANDARDS; 17-5-19 OWNER. RESPONSIBILITIES; and APPENDIX B, GUIDELINES FOR ELIMINATING LEAD BASED HAZARDS. These additions and/or deletions are minor and are intend to bring the housing code up to date with our existing codes. Substantive changes or additions of particular note include: • 17-16C3 ISSUANCE OF PERMIT. Previous housing code language required that a rental permit be issued upon compliance with 17-5-19 of the housing code only. The proposed addition allows the director to withhold the rental permit if open building permits are pending on the property. As well, the director can withhold the rental permit if there are unpaid judgments against an owner in a municipal infraction for a housing code violation on any of the owners' properties, or if the owner has failed to comply with a court order to cure a violation on any of the owner's rental properties. • ADDITION OF 17-5-16C-5b-4: REQUIRED PROCEDURES PRIOR TO COMMENCENT OF RENTAL PERMIT SANCTIONS. COMMENT: In 2003 when the nuisance property amendment was adopted, it was the intent of the city to be able to issue municipal infraction citations to tenants, as well as owners, who failed to agree to the terms set forth in a code compliance settlement agreement. It was felt that clearer language was necessary to meet that intent regarding tenants. The addition of 17-5-16C-5b-4 .will therefore fulfill an original intent of the nuisance property amendment. • 17-5-19V3 EXTERIOR AREA MAINTENANCE & 17-5-20A6 RESPONSIBILITIES OF OCCUPANTS. COMMENT: The addition of a regulation concerning storage of indoor furniture outside. The Neighborhood Housing Task Force committee made this recommendation to city council in 2002 as part of their neighborhood initiatives. It was not adopted at that time. Since then, city staff has responded to many complaints regarding indoor household August 19, 2008 Page 2 furniture stored on lawns, front steps and open porches. The storage and use of these indoor items outside contributes to the appearance of overall property neglect and also provides habitation for vermin. Many of the property managers and owners I have spoken to would support the amendment because the clear enforcement language would make it easier for them to achieve the removal of these items from outdoor locations. In addition, there is a significant public safety issue at stake. In 2007, there were four separate arson events on the same night in the S. Johnson, Bowery St. area that caused heavy damage to residential property. Fortunately, no one was injured. However, the fire department determined that indoor furniture in use on the porches of these structures were a contributing factor to the loss of the buildings. It is the fire department's recommendation that this amendment be passed to lessen the potential for further such incidents. In summary, notwithstanding the three changes discussed above, the proposed changes to the housing code are intended to update and clarify code language and do not expand its authority. Staff also reviewed the proposed ordinance with the Greater Iowa City Apartment Owners Association's Board of Directors in a meeting on August 12, 2008. Staff addressed the board's concerns by including language that, along with owners, also makes tenants a responsible party for storage of indoor furniture outdoors. August 15, 2008 CHANGES TO TITLE 17; CHAPTER 5; HOUSING CODE: 17-5-3: DEFINITIONS: DELETE: 4(`('`GCC(lRV CTL?I I(`TI IC?G ~ rlo+~nharl stn ~nfi iro nn4 ~ icon ADD: ACCESSORY BUILDING/USE/STRUCTURE: A building, structure, or use which: A. Is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use; and B. Is under the same ownership as the principal use or uses on the property; and C. Does not include structures, structural features, or activities inconsistent with the uses to which they are accessory; and D. Except for off street parking located on a separate lot as approved through a special exception, is located on the same lot as the principal use or uses to which it is accessory. COMMENT: Update accessory structure definition to reflect current zoning code definition. DELETE: ,,,, .,.~., ~,.., u., , .. ,...,...... _ ..., ~. - -- - ~ - - ess+~~ts ADD: DUPLEX: A structure in which there are two (2) dwelling units within a single building, and both dwelling units are located on the same lot. COMMENT: Update duplex structure definition to reflect current zoning code definition. DELETE: 2 ADD: DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, eating of meals and sanitation. COMMENT: New definition includes sanitation as a necessary facility. DELETE: 'pTG-T:ltrlvv~~v ~vi.,navw. ...~ ..... .. ~.~ ..._...._.J-~ f 1 ' ~ ADD: FAMILY: One person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A "family" may also include the following: A. Two (2), but not more than two (2), persons not related by blood, marriage or adoption; or B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housing amendments act of 1988, who are occupying a dwelling unit as a single housekeeping organization. COMMENT: Update family definition to reflect current zoning code definition. ADD: GUEST: An individual who shares a dwelling on a temporary basis for not more than thirty (30) days in any given calendar year; or a person who stays in a hospitality oriented retail use. COMMENT: Addition consistent with zoning code definition DELETE: -a-~~-o# _tet~{_#-4ee~. -ufa+~-e~~--r-ee~~n+r~_ eeit 3 ADD: HABITABLE ROOM: A room or enclosed floor space within a dwelling unit or rooming unit, having a minimum of seventy (70) square feet of total floor area with not less than 7 feet in any horizontal dimension, used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces, stairways and recreation rooms in basements (see definition of Recreation Room In Basement). COMMENT: The addition of 7 feet in any horizontal dimension for a habitable room is a widely recognized building and housing code requirement. DELETE: ADD: INSPECTOR: The official or officials of the city who administer the provisions of the housing, building, nuisance and zoning codes, together with duly authorized representative(s) and/or agent(s). COMMENT: New definition recognizes all assigned duties of the housing inspectors. DELETE: ADD: KITCHEN: A room used or intended to be used for cooking or the preparation of meals. COMMENT: To be consistent with the building code, new definition deletes the requirement of habitability for a kitchen. ADD: OCCUPANT. A person who is physically present in the dwelling and is engaged in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 90 days in any calendar year or who is a tenant. 4 COMMENT: New definition strengthens city's ability to prosecute over- occupancy. ADD: OWNER OCCUPANT. An owner who is physically present in the dwelling and is engaged in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 90 days in any calendar year. COMMENT: New definition limits persons from claiming two principal addresses. ADD: PORCH: A platform completely covered by a roof located and attached to a building. COMMENT: New definition clarifies what constitutes a porch. DELETE: COMMENT: See OCCUPANT. DELETE: ADD: TEMPORARY HOUSING: Any tent, trailer, motor home or other structure used for human shelter and designed to be transportable and not attached to the ground, to another structure or to any utilities system on the same premises. Such temporary housing may occur for no more than 21 consecutive days nor exceed a total of 45 days in any calendar year. COMMENT: New definition consistent with zoning code language. ADD: TO LET: The granting, either in writing or orally, by the owner or operator to another the right to possess a dwelling. 4 COMMENT: New definition helps define the type of tenancy, regardless whether rent is paid or not. 17-5-16: CERTIFICATE OF STRUCTURE COMPLIANCE AND RENTAL PERMIT: DELETE: _, , ADD: 17-5-16 A.Certificate And Permit Required For Rental Property: It shall be a violation of this code for any person, except an owner occupant, to let to another any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner occupied, single-family dwellings, containing no more unrelated persons than permitted by the zoning ordinance) or rooming houses unless: COMMENT: Reflects zoning code language change from roomers to unrelated persons. DELETE: ADD: Issuance Of Permit: When all provisions of section 17-5-19 of this chapter have been complied with by the owner or operator, the department of housing and inspection services shall issue a rental permit upon payment of all permit and reinspection fees, the amounts of which shall be established by resolution of the city council. However, unless the director determines there is good cause, the rental permit shall not be issued if there are any open building permits on the property, if there are any unpaid judgments entered against the owner in a municipal infraction for a code violation on the property or on any other rental property of the owner, or if the owner has failed to cure a violation on the property or on any other rental property of the owner as ordered by the court. COMMENT: Previous language required that a rental permit be issued upon compliance with 17-5-19 of the housing code only. Addition allows for discretion of director to withhold rental permit if open building permits are pending on the property. As well, the director can withhold the rental permit if there are unpaid judgments against an owner in a municipal infraction for a code violation on any of the owners' properties, or if the owner has failed to comply with a court order to cure a violation on any of the owner's rental properties. DELETE: ADD: 17-5-16C-5b-3 Violation of this provision authorizes the city to issue municipal infraction citations to any tenant, whose corrective action is considered necessary by the city to abate and avoid further code violations, who fails to attend, refuses to sign or subsequently fails or refuse to comply with conditions or requirements set forth in a code compliance settlement agreement. ADD:17-5-16-5b-(4) Violation of this provision authorizes the city to impose rental permit sanctions. The city in its determination may consider, without limitation, the following factors: (A) Level of cooperation of the parties in attempting to resolve issues. (B) Level of disturbance associated with the violations. (C) Impact of violations upon neighbors or other victims. (D) Degree to which parties have taken reasonable steps to try and resolve problems. (E) History of city and state code violations. COMMENT: In 2003 when the nuisance property amendment was adopted, it was the intent of the city to be able to issue citations to tenants, as well as owners, who failed to agree to the terms set forth in a code compliance settlement agreement. This addition will fulfill that intent. 7 ADD: 17-5-16C9(g). (g) Failure by the owner to pay a judgment or to cure a violation as ordered by the court in a municipal infraction for a code violation on the property or on any other rental property of the owner. The rental permit shall be reinstated upon payment of the judgment or abatement of the violation. COMMENT: This addition will allow the director the discretion to suspend a rental permit for failure to cure a violation as ordered by court or failure to pay a judgment. 17-5-17: MINIMUM STRUCTURE STANDARDS FOR ALL DWELLINGS: DELETE: ~~ --{~-2-0-~-F) i~nor.~ n.._4. ...........I:,.,J ..,..+...- 4....-.+~.,.~. f.,.,ili+i~c nh~ll ho n~n~+hla of moo4inn ~hn ADD: 17-5-17 D. Water Heating Facilities: Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the housing code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required under the provisions of the housing code at a temperature of not less than one hundred ten degrees Fahrenheit (110°F) (43°C). Such supplied water heating facilities shall be capable of meeting the requirements of this section when the required space heating facilities are not in operation. COMMENT: Reduces the minimum standard for hot water from 120° to 110°F to reflect current minimum standard. 17-5-17 F.Exits: DELETE: . ~e ADD: 17-5-17 F1e. Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other, and both shall discharge directly or via corridors or stairways or both to a public way or yard. If both means of egress are designated to a common corridor, they shall be in opposite directions immediately upon exiting the .dwelling unit or rooming unit, except a common path of travel may be permitted for the first twenty feet (20'). Dead end corridors shall not exceed twenty feet (20') in length. Any existing fire escape shall not be deemed a sufficient means of egress unless it is in compliance with Appendix A of this chapter. Any new fire escape must meet the requirements of the city building and fire codes. COMMENT: Most existing fire escapes do not meet the current building and fire code standard as they are "grandfathered in". However, they must meet the standards set forth in Appendix A of the housing code. Any repair to an existing fire escape must also meet the standards set forth in Appendix A of the housing code. Any newly built fire escapes must meet the current requirements of the city building and fire codes. DELETE: COMMENT: See previous comment. DELETE: . -am--a~-y ~~ ~~ Cede} 8 COMMENT: Deletion of this section will clean up a conflict with 17-5-17Fg which states that an ingress or egress door shall be at least 6'4' X 2'4". 17-5-17 (.Heating: DELETE: ~r nn ~irFirtht m~nnor__ G~ ion h~ ~rninry ini~tor E,o fcrc nro r-rnhihi}orJ in h~}hrnnmc_a,~~ ADD: 17-5-17 14. No fuel burning appliance shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. COMMENT: This change reflects the building and mechanical fuel code recognition of the reduction of hazards to occupants through the use of properly installed sealed combustion heating appliances. DELETE: ADD: 17-5-17 15. Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure relief valve. COMMENT: Added language for proper term of a pressure relief valve. 17-5-17 K.Minimum Space, Use And Location Requirements: DELETE: 10 ADD: 17-5-17 K2. Maximum Occupancy: Not more than one family, plus that number of unrelated persons permitted in the zoning ordinance shall occupy a dwelling unit. COMMENT: Change reflects current zoning code language. DELETE: ADD: 17-5-17 L. Fire Protection Equipment: All fire extinguishers and early warning fire protection systems shall be properly installed according to the city fire, building and housing codes. COMMENT: Added language that reflects all the codes involved in the proper installation of fire protection systems. 17-5-18: MINIMUM STRUCTURE STANDARDS FOR ALL RENTAL HOUSING: DELETE: ADD: 17-5-18 B1. Public passageways and stairways in dwellings accommodating two (2) dwelling units or rooming units shall be provided with a convenient wallmounted light switch(es) which activates an adequate lighting system. COMMENT: New language parallels building code language. DELETE: ~--5-~8-B~: -a~d~~tair-wa~.r~-+n- . . 4~~ 10 11 ADD: 17-5-18 B2. Public passageways and stairways in buildings accommodating three (3) or more dwelling units or rooming units shall be lighted at all times with an artificial lighting system, in accordance with the city building code. COMMENT: See previous comment. DELETE: 1 ~ F 1 Q (~ biro Cvtinry~ iichoro; Giro e~Et~~~} '-~rE.S'~ppreved--h~'-#+re r r ADD: 17-5-18 C.Fire Extinguishers: Fire extinguishers which are approved by the fire marshal shall be provided within every single-family dwelling, dwelling unit within a duplex and dwelling unit within a multiple dwelling. Multiple dwellings shall have fire extinguishers located within each laundry room and central mechanical room; except where these rooms are contiguous, they may be served by one fire extinguisher. Laundry rooms and central mechanical rooms which are equipped with an automatic sprinkler system are exempt. The minimum size fire extinguisher is a 5 Ib. 2A 10BC. Fire extinguishers must be properly mounted and in an area of easy access. Rooming houses are required to have a 5 Ib. 2A 10BC rated fire extinguisher supplied on each floor level, including habitable basement areas, and in each kitchen. Fire extinguishers supplied in areas of public access shall be contained within an approved tamperproof cabinet. COMMENT: Added language that includes the 5 Ib. rating for required extinguishers. DELETE: ~-~-~ 11 12 ~H~-l~lt~-~@~ ADD: 17-5-18 D. Early Warning Fire Protection System: All dwelling units and rooming units shall be provided with smoke detectors as approved by the fire marshal. Smoke detectors shall be installed in accordance with the manufacturer's instructions. Dwelling units shall have smoke detectors located on each floor level, including basements, in each bedroom, and hallways serving bedrooms. Multi-family and rooming houses shall have smoke detectors in common corridors, stairtowers and stairways constructed prior to 1978. Smoke detectors shall be operable at all times, and when actuated, the detector shall provide an alarm for the dwelling unit(s) or rooming unit(s). An owner or owner's agent of a multiple unit residential building, rooming house, duplex or single-family dwelling shall supply light-emitting smoke detectors, upon request, for a tenant with a hearing impairment. New construction and remodeling shall be in accordance with the city building code. COMMENT: Added language that includes requirement of smoke alarms in all bedrooms. DELETE: e+t~ ; -~e+~ i#~~at-~h~e-d~vel~ ice-+s -+ ADD: 17-5-18 F. Lead Based Paint: Every owner or operator of a dwelling unit or rooming unit being let for rent and/or occupancy shall certify that the dwelling is in accordance with HUD lead based paint regulations, 24 CFR, part 35, issued pursuant to the lead based paint poisoning prevention act, as amended. 12 13 COMMENT: Owners/operators are responsible for obtaining forms from the state. 17-5-19: RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES: DELETE: ADD: 17-5-19 A1c. The required occupancy separations shall be provided and maintained in all structures having mixed or multiple occupancies. The one hour occupancy separation between dwellings and garages shall be provided regardless of the date of construction and may be limited to the installation of materials approved for one hour fire resistive construction on the garage side and a tightfitting, twenty (20) minute rated door or approved equivalent opening protection as required by the city building code. COMMENT: Added language that requires the occupancy separation meet current building code. DELETE: . > ADD: 17-5-19 G1. Every means of egress shall be maintained in good condition and shall be free of obstruction at all times. Fire escapes, exit corridors, exit stairways and escape and rescue windows and any other means of egress shall be maintained in a good state of repair at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems shall be maintained in good condition at all times. Required fire doors shall be 13 14 maintained self-closing and self-latching as required by the city building code. COMMENT: Change to reflect proper building code reference. DELETE: ADD: 17-5-19 I. Electrical System: The electrical system of every dwelling or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, improper fusing or for any other cause, expose the occupants to hazards of electrical shock or fire, and every electrical receptacle, switch and fixture shall be complete as manufactured and maintained in a good and safe working condition. Only approved extension cords and multiplug adapters or other devices approved by the inspector shall be allowed. All electrical wiring newly installed or replaced shall be in compliance with the city electrical code. COMMENT: Change verbiage from outlet to receptacle. DELETE: .. ADD: 17-5-19 J. Plumbing System: Every supplied plumbing fixture, water piping and waste piping shall be maintained in a good and sanitary condition. All plumbing installed or replaced shall be so designed as to prevent contamination of the water supply through backflow, back siphonage or cross connection. All plumbing newly installed or replaced shall be in compliance with the city plumbing code. A minimum water pressure of fifteen (15) pounds shall be maintained to all open outlets at all times. 14 15 COMMENT: Updates proper plumbing code reference. DELETE: . -co~riecter ADD; 17-5-19 K. Gas Piping And Appliances: All gas piping shall be properly installed, properly supported and shall be maintained free of leaks, corrosion or obstruction so as to reduce gas pressure or volume. Every gas appliance shall be connected to a gas line with solid metal piping or approved listed metal appliance connector preceded by an approved listed shutoff valve. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. All gas piping shall be in compliance with the city plumbing code. COMMENT: Updates proper plumbing code reference. DELETE: '17 ~ ~ a n~ 411 firn nv+ir,r+~ iichi _~+rinn ^nr• ^II n~rl+s +n~^rr,inrv firn n~~eC-~}Q}} ...,...,.,y............~ ., ....,........... ..~ -• ~-~ - - r ADD: 17-5-19 Q1. All fire extinguishing devices and all early warning fire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the city fire code and subsections 17-5-18C and D of this chapter. Buildings which are required to have an automatic fire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of NFPA 72, as amended. Buildings which are 15 16 required to have an automatic sprinkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of NFPA chapter 25, as amended. COMMENT: Updates proper fire code reference. DELETE: ADD: 17-5-19 R.Guardrails And Handrails: All guardrails and handrails shall be maintained in a safe and sound condition at all times. Guardrails shall be provided where there is an abrupt elevation change exceeding thirty inches (30") adjacent to pedestrian areas. Guardrails and handrails which are newly installed or replaced shall comply with the city building code. COMMENT: Updates proper building code reference. ADD: 17-5-19 V3. No owner or operator shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. As used herein indoor upholstered furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was temporarily placed outside during the move of a resident; and b) That the furniture was temporarily placed outside during the hours of 6:00 am and 6:00 pm in order that it be offered for sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale, The second defense is not available if the furniture is located outside for more than two days in any six-month period. COMMENT: The Neighborhood Housing Task Force committee made this recommendation to city council in 2002 as part of their neighborhood initiatives. It was not adopted at that time. Since then, city staff has responded to many complaints regarding indoor household furniture stored on lawns, front steps and open porches. The storage and use of these indoor items outside contributes to 16 17 the appearance of overall property neglect and also provides habitation for vermin. Many of the property managers and owners I have spoken with would support such language because without clear enforcement language, it sometimes becomes difficult to achieve the removal of these items from outdoor locations. In addition, there is a significant public safety issue as well. In 2007, there were four separate arson events on the same night in the S. Johnson, Bowery St. area that caused heavy damage to residential property. Fortunately, no one was injured. However, the fire department determined that indoor furniture in use on the porches of these structures were a contributing factor to the loss of the buildings. It is the fire department's recommendation that this amendment be passed to lessen the potential for further such incidents. DELETE: ADD: 17-5-19X2. No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued or amended. COMMENT: Change language from structural to structure. ADD: 17-5-20A6. RESPONSIBILITIES OF OCCUPANTS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES: No occupant shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. As used herein indoor upholstered furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) That the furniture was temporarily placed outside during the move of a resident; and b) That the furniture was temporarily placed outside during the hours of 6:00 am and 6:00 pm in order that it be offered for sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale, The second defense is not available if the furniture is located outside for more than two days in any six-month period. COMMENT: This is the same language found in 17-5-19V3 except it puts the responsibility of maintenance on the tenant as well. 17 18 APPENDIX B ADD: GUIDELINES FOR ELIMINATING LEAD BASED PAINT HAZARDS These guidelines are derived from documents published by the Iowa department of public health childhood lead poisoning prevention program entitled "Eliminating Lead-Based Paint Hazards. 1. Remove lead-based paint carefully! You should NEVER dry scrape or dry sand lead-based paint on the inside or outside of your home. Always mist surfaces with water before scraping or sanding them. Use a tarp or piece of plastic to catch paint chips when you are working on the outside of your house. This will keep paint chips from falling on the soil. If you are working outside, close windows to prevent lead dust from entering the home. 2. DO NOT sandblast or waterblast lead-based paint on the outside of your home. You do not want the paint chips to end up all over your yard or the neighbor's yard. Sandblasting and waterblasting is safe ONLY if you have a special machine that will catch the paint chips. 3. Remove furniture, drapes, and if possible, carpet from the room you will work in before starting work. Cover the floor and furniture that cannot be removed from the room with a sheet of 6 mil plastic. Seal each room from the rest of the house with plastic while working in it. Be careful not to track dust and paint chips into other areas of the home. 4. Wear a negative pressure, half-mask respirator with a magenta (purple) HEPA filtration canister. You can buy these respirators at auto parts stores (used for brake and clutch work). The respirator will say "HEPA Filters -Asbestos Approved." Be sure to read the instructions for positive and negative facefit tests and for cleaning the respirator. If the respirator does not fit properly, it will not protect you. It will also not protect you if it is dirty. These masks do not protect against organic vapors from heat guns or paint strippers. So, use heat guns and paint strippers only where there is good ventilation. This will help disperse any organic vapors from the strippers or from heating the paint. 5. Replace the filters on the respirator if they are damaged. You should also replace them if it gets hard to breathe. This means that the filters are plugging. Wash the facepiece (without the filters) with mild soap. Store the respirator in a bag outside of the work area. 6. If you have asthma, emphysema, or heart problems, do not try to wear a respirator. Take off the respirator immediately if you feel short of breath. If you have a perforated eardrum that has not been repaired, this respirator will not protect you from inhaling lead dust. 18 19 7. If you will be using a heat gun, make sure it is aloes-temperature heat gun that operates below 11000 F. 8. Do not eat, drink, or smoke until you have left the work area and thoroughly washed your hands and face. Take a shower, wash your hair, and change clothes before coming in contact with others. 9. Keep pregnant women and children out of the room if you are working on a small project. A small project would be working on only a few surfaces in one room at a time. For larger projects, keep pregnant women and children out of the home until you complete the job. 10. After you complete the job, wash all surfaces thoroughly with any household detergent. Vacuum with a HEPA vacuum or a regular vacuum with microfilter bags. Shampoo carpets using a machine that pumps liquid into the carpet and pulls it back out. 11. Place paint chips, dust, and pieces of wood in a plastic bag at the end of each day. Put this with your garbage that will go to the landfill. After you complete work to eliminate lead-based paint hazards, you must maintain the remaining lead-based paint in good condition. You should also frequently clean the house. Wash floors, window sills, areas between the windows, and other places where dust and dirt accumulate at least once a week. Check the condition of lead-based paint frequently. You need to repair paint when it begins to deteriorate. COMMENT: Change is the latest EPA recommendations for the removal of lead- based paint. 19 ~~ Marian Karr From: Jean Walker [walkersic@yahoo.com] Sent: Monday, August 25, 2008 2:39 PM Ta; Council Cc: walkersic@yahoo.com; Marcia Klingaman Subject: Nuisance ordinance etc. Dear Council Members, I appreciate that Norm Cate, Senior Housing Inspector is requesting a number of changes that will further strengthen amendments made in 2003 commonly referred to as the nuisance property ordinance. I believe that these changes include language restricting the storage of indoor furniture on lawns, front steps and open porches. I would like to ask the Council if they could apply the same restrictions to the use of round wire-encased outdoor fireplaces as to leaf-burning. To me they have the same effect - releasing suffocating fumes that traverse other people's yards and affect breathing - quite apart from the long-lasting smell that adheres to clothing and pets' fur, etc. Thank you, Jean Walker 335 Lucon Drive Iowa City 1 Page 1 of 1 I~ Marian Karr From: Jesse Singerman [jesse.singerman@mchsi.com] Sent: Tuesday, August 26, 2008 10:09 AM To: Council Subject: Additions to the nuisance property ordinance Dear City Council- I support the additions to the nuisance property ordinance proposed by Norm Cate, Senior Housing Inspector. I live at 219 Ronalds on the north side where there are a large number of student rental properties. There are perennial problems with many of these properties, including multiple and continued garbage violations, indoor furniture placed on porches, steps, and lawns, cars parked so as to block the sidewalk, walks never shoveled during the winter and generally poor lawn and building maintenance. Yesterday I walked by a rental property on N. Gilbert street where a dilapidated couch has appeared on the lawn in the past few days. Judging by the beer cans, it was used as some sort of seating area for a party. Next door, open containers of garbage and miscellaneous boxes and items were strewn about the curb, as they have been for days. If I took a walk around the neighborhood this morning, I am sure I could cite many more instances such as these. These are problems of neglect and disrespect -there is no reason for them other than a sense of entitlement and lack of concern about the property and the neighborhood. I often wonder why the city allows the landlords of these properties to continue to run down established neighborhoods without penalty. Nuisance properties really do affect the quality of life on the north side. Please strengthen the nuisance property ordinance so that there are remedies for those of us that chose to make our homes in the neighborhoods of Iowa City. Thank you, Jesse Singerman 219 Ronalds St. Iowa City, IA 52245 8/26/2008 Page 1 of 1 ~~~ Marian Karr From: Marshall Poe [marshallpoe@gmail.com] Sent: Tuesday, August 26, 2008 10:21 AM To: Council Subject: Housing Code Amendments Dear Friends: My name is Marshall Poe. I live at 416 N. Linn with my family. I have read the city memorandum concerning an update of the housing code dated August 15, 2008. It will be discussed at the City Council meeting tonight (item 17 I believe). I'm sorry I will not be able to attend. But I would like to strongly endorse the measures outlined in the memorandum. Any measure that will bring tenants and owners into compliance with city regulations would be most welcome. I'm sorry to say that many tenants and owners in the Northside area seem to have little regard for those of us who make it our permanent home. Poor maintenance, over-occupancy and, well, loud drunkenness are common problems. Tenants either don't know about or don't care about city regulations. Owners also seem oblivious. The measure regarding the storgage of indoor furniture outdoors is especially welcome. Couches in particular are an eyesore and a danger. They should all be removed. With thanks for your good work, and with warmest regards, Marshall Poe Associate Professor of History University of Iowa 280 Schaeffer Hall Iowa City, IA 52242 319-335-2291 www..newbooksnhisto~com www.memory.. arch,ive.or~ 8/26/2008 Page 1 of 1 -, ~~ Marian Karr From: MARIANNE MASON [marianne.mason@msn.com] Sent: Tuesday, August 26, 2008 10:56 AM To: Council Subject: nuisance property ordinance amendment Good Morning, I encourage Council to approve the proposed amendments to the Housing Code regarding the nuisance property ordinance, particularly storage of indoor furniture on porches, and to more clearly state the responsibilities of both owners and tenants in contribution to a Good Neighbor environment. Indoor furniture in an outdoor setting invites a variety of unacceptable problems that infringe on the quality of life for the larger neighborhood. I agree with the comments associated with the amendment that indoor furniture exposed to the elements is not only unsightly, but invites rodent and insect contamination. Upholstered furniture exposed to rain and high humidity also creates the perfect environment for mold to flourish. Further, it's not uncommon to see charred sofas and parts of sofas near sidewalks. Whether accidently or intentionally set evidence of this fire hazard is visible on the 600 block of S. Lucas St. today. Near the intersection of Bowery and Dodge the sidewalk is stained from the burned remains of a couch. I hope the clearer language of the proposed amendments will state without question the legal responsibilities of both the owners and tenants. Thank you for your consideration. Marianne Mason 640 S. Lucas St. Iowa City (319) 337-2538 8/26/2008 Page 1 of 1 /~ Marian Karr From: Sale, Hillary A [hillary-sale@uiowa.edu] Sent: Tuesday, August 26, 2008 4:52 PM To: Council Subject: Housing Inspection Ordinances on Agenda - 8.26 Dear City Council Members, I write in support of the efforts of the Housing Inspection Department to improve its ability to control/enforce over-occupancy situations and the issuance of rental permits to certain landlords. I also write in support of the changes restricting the storage of indoor furniture in certain circumstances. I applaud these efforts to deal with issues that have lingered in Iowa City and impact property values. I know from personal experience with the inspection staff how difficult some of the issues can be, particularly over- occupancy, to address. It is an issue that matters to all of the residents of Iowa City because it allows for inflated rents and, thus in turn, diminishes the availability of affordable housing stock. Thank you for your time. Hillary A. Sale 1016 E. College St. Iowa City, Iowa 52240 8/26/2008 Page 1 of 2 /~ Marian Karr From: Marilyn Swanson [marilyn_swanson@yahoo.com] Sent: Tuesday, August 26, 2008 4:54 PM To: Council Subject: Re: Fwd: City Council agenda item -August 26th meeting To the City Council: I am a 63-year-old who has lived in Goosetown for 14 years. I REALLY like to see the students sitting on couches and easy chairs on the front porches of our neighborhood houses. It reminds me of the vibrancy the students bring to the city and the offerings in entertainment that would not be available in Iowa City without the university. Without the atmosphere the students bring to our neighborhood, Iowa City would be a dreary place for me to have moved to. Sincerely, Marilyn Swanson 402 N. Dodge St. --- On Mon, 8/25/08, northside cnorthside@~nchsi.com> wrote: From: northside <northside@mchsi.com> Subject: Fwd: City Council agenda item -August 26th meeting To: northside@mchsi.com Date: Monday, August 25, 2008, 7:57 PM From: Marcia Klingaman [Marcia-Klingaman Iowa-city.org] Sent: Monday, August 25, 2008 2:11 PM Hi... It has just come to my attention that the Housing and Inspection Services Department is proposing at tomorrow's City Council meeting a number of changes to the current housing code that may be of interest to neighborhoods particularly hosting rental housing. As explained in the attached memo, Norm Cate, Senior Housing Inspector is requesting a number of changes that will further strengthen amendments made in 2003 commonly referred to as the nuisance property ordinance. These changes include language restricting the storage of indoor furniture on lawns, front steps and open porches. A number of other additions would allow staff to more easily enforce over-occupancy and issuance of rental permits to negligent landlords. There is still time for you to express your feelings regarding any or all of these Housing Code updates. You may either email the City Council at council@iowa- city.org<mailto:counci@iowa-ci~.or~> before 5:00 PM tomorrow, August 26th and your comments will be submitted to the City Council prior to their meeting. 8/26/2008 Page 2 of 2 You can also attend the meeting and speak to the City Council. This item is on the agenda as Item # 17. I have attached the agenda. I encourage you to pass on this information to anyone you feel might be interested. Feel free to contact me if you have questions regarding process or Norm Cate, Senior Housing Inspector would be happy to answer them at 356-5137. Thanks. Marcia Klingaman City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 319-356-5237 8/26/2008 ~~~ Marian Karr From: Susan Futrell [sfutrell@mchsi.com] Sent: Tuesday, August 26, 2008 3:41 PM To: Council Cc: Marcia Klingaman Subject: proposed housing code changes Dear Iowa City City Council, I'm writing in support of the proposed changes to the City Housing Code which will be considered at your meeting tonight, August 26, 2008, in particular the changes that relate to enforcing over- occupancy, approval of rental permits, and safety and building code compliance. we live in the near Northside neighborhood, an area of mixed owner- occupied and rental housing which is one of Iowa City's oldest, most income- and age-diverse, and most visible neighborhoods. It takes an ongoing effort on the part of residents to ensure that the neighborhood remains pleasant, safe, and well- maintained, and that it continues to be an affordable, walkable part of the city and university community. We also own rental property in an eastside neighborhood. The type of code updates proposed by the Housing Department are low-cost support the city can provide to benefit both property owners and tenants. In principle I don't like the idea of regulating the kind of furniture someone can put on their porch; I would prefer to see the restriction on 'indoor furniture' apply only to rental properties. In practice, it seems like we need to give residents, homeowners and landlords a means of enforcing common neighborliness. It is discouraging to see high-occupancy, high-turnover properties become more and more trashed-out over time. Piles of trash in the alleys, cars blocking driveways, broken glass on the sidewalks, and empty cups, bottles, kegs, boxes left out to weather are as much a problem as old couches. However, understanding that the housing code applies to all properties, rental or owner-occupied, and that the enforcement is primarily driven by permit applications and complaints, I urge you to vote in favor of all of the proposed changes. thanks for our consideration, Susan Futrell 311 Fairchild St. Iowa City, IA 52245 1 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO MAKE THE DEFINITIONS AND O ER PROVISIONS CONSISTENT WITH THE ZONING CODE AND BUILDING RE ATED CODES AND TO INCREASE THE SAFETY OF OWNER OCCUPIED AND RE TAL HOUSING. WHEREAS, as recomme ed by the Neighborhood Hou!ng Relations Task Force, the Housing Code was amended in 2003 to a dress tenant behavior; WHEREAS, other than the endment in 2003, the Hou ing Code has not been amended since 1995; WHEREAS, the Building, Plu ing, Electrical, Mechani I, Electrical and Fire Codes have been amended multiple times since 1995, nd the Housing Codes ould reflect the current provisions in these codes; WHEREAS, many terms in the Ho ing Code are also i the new Zoning Code, and the definitions in the Housing Code should be the same those in the Zoni g Code; and WHEREAS, it is in the best interest f the City to ad t these amendments for the health and safety of home owners and tenants. NOW, THEREFORE, BE IT ORDAINE BY THE C COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housi g," Ch ter 5, entitled "Housing Code," Section 3, entitled "Definitions," is hereby amended by deleting t e defi itions of Accessory Structure, Duplex, Dwelling Unit, Family, Habitable Room, Inspec or, tchen, Reside, and Temporary Housing and adding the following new definitions: ACCESSORY BUILDING/USE/STRUCTUR . A building, structure, or use which: A. Is subordinate to the principal use of th roperty and contributes to the comfort, convenience or necessity of occupants, customers, or employ s f the principal use; and B. Is under the same ownership as the pr cipa use or uses on the property; and C. Does not include structures, structur I feat es, or activities inconsistent with the uses to which they are accessory; and D. Except for off street parking locate on a sepa to lot as approved through a special exception, is located on the same lot as the principal u e or uses to hich it is accessory. DUPLEX: A structure in which the a are two (2) welling units within a single building, and both dwelling units are located on the same ot. DWELLING UNIT: Any habitable om or group of adj ~ning habitable rooms located within a dwelling and forming a single unit with faciliti which are used or in nded to be used for living, sleeping, cooking, eating of meals and sanitation. FAMILY: One person or two ) or more persons related y blood, marriage, adoption or placement by a governmental or social s rvice agency, occupying a welling unit as a single housekeeping organization. A "family" may als include the following: A. Two (2), but not more th n two (2), persons not related by lood, marriage or adoption; or B. Up to eight (8) person with verifiable disabilities, as defin by the fair housing amendments act of 1988, who are occupying dwelling unit as a single housekeepin organization. GUEST: An individual o shares a dwelling on a temporary ba is for not more than thirty (30) days in any given calendar year or a person who stays in a hospitality orien d retail use. HABITABLE ROOM: room or enclosed floor space within a dwe ~ng unit or rooming unit, having a minimum of seventy (7) square feet of total floor area with not les than 7 feet in any horizontal dimension, used or in nded to be used for living, sleeping, cooking r eating purposes, excluding bathrooms, toilet roo s, pantries, laundries, foyers, communicating corri rs, closets, storage spaces, stairways and recrea ~ n rooms in basements (see definition of Recreation R om In Basement). INSPECTOR: T e official or officials of the city who administer the provisi s of the housing, building, nuisance and zonin codes, together with duly authorized representative(s) an or agent(s). KITCHEN: A room used or intended to be used for cooking or the preparatio of meals. OCCUPANT: A person who is physically present in the dwelling and is enga ed in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at east 90 days in any calendar year or who is a tenant. Ordinance No. Page 2 OWNER OCCUPANT: An owner who is physically present in the dwelling and is engaged in activities of daily living, including but not limited to sleeping, cooking, eating, and sanitation, for at least 90 days in any calendar year. PORCH: A platform completely covered by a roof located and attached to a building. TEMPORARY HOUSING: Any tent, trailer, motor home or other structure used for human shelter and designed to be transportable and not attached to the ground, to another structure or to any utilities system on the same premises. Such temporary housing may occur for no ore than 21 consecutive days nor exceed a total of 45 days i any calendar year. TO LET: The granting, either in writing or orally, by the own r or operator to another the right to possess a dwelling. 2. Title 17, entitled "Buil 'ng and Housing," Chapter 5, entitl d "Housing Code," Section 16, entitled "Certificate of Structure Comp nce and Rental Permit" is hereb amended by deleting the first paragraph in Subsection A and inserting i lieu thereof the following: Certificate And Permit Require For Rental Property: It shal be a violation of this code for any person, except an owner occupant, to let o another any dwelling, d Iling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or un s within owner occupie ,single-family dwellings, containing no more unrelated persons than permitted b the zoning ordinance or rooming houses unless: 3. Title 17, entitled "Building a Housing," Chapte 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and Rental Perm ' is hereby amended by deleting Subsection C3 and inserting in lieu thereof the folio g: Issuance of Permit: When all prov ions of secti 17-5-19 of this chapter have been complied with by the owner or operator, the department f housing d inspection services shall issue a rental permit upon payment of all permit and reinspection ees, the mounts of which shall be established by resolution of the city council. However, unless the di ctor d termines there is good cause, the rental permit shall not be issued if there are any open buildin per its on the property, if there are any unpaid judgments entered against the owner in a municipal inf ction for a code violation on the property or on any other rental property of the owner, or if the own as failed to cure a violation on the property or on any other rental property of the owner as ordered by a court. 4. Title 17, entitled "Building and Ho i ," Chapter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compliance and en I Permit" " is hereby amended by adding the following new Paragraph b(4) of Subsection C5: Violation of this provision author es the ity to issue municipal infraction citations to any tenant, whose corrective action is consider d necessa by the city to abate and avoid further code violations, who fails to attend, refuses to gn or subs uently fails or refuse to comply with conditions or requirements set forth in a code c mpliance settle ent agreement. 5. Title 17, entitled "Buildin and Housing," C pter 5, entitled "Housing Code," Section 16, entitled "Certificate of Structure Compl' nce and Rental Pe it" is hereby amended by adding the following new Paragraph 9g of Subsection C Failure by the owner to ay a judgment or to cur a violation as ordered by the court in a municipal infraction for a code violati n on the property or on a other rental property of the owner. The rental permit shall be reinstated on payment of the judgment r abatement of the violation. 6. Title 17, entitled " uilding and Housing," Chapter ,entitled "Housing Code," Section 17, entitled, "Minimum Structure St ndards for All Dwellings," is he by amended by deleting Subsection D and inserting the following i lieu thereof: Water Heating F ilities: Every kitchen sink, bath and la atory basin required in accordance with the provisions of the ho sing code shall be properly connected ith supplied water heating facilities. Every supplied water heat g facility shall be properly connected and all be capable of heating water to such a temperature as to ermit an adequate amount of water to be awn at every kitchen sink and lavatory basin required u er the provisions of the housing code at a to erature of not less than one hundred ten degrees Fa enheit (110°F) (43°C). Such supplied water heatin facilities shall be capable of meeting the requiremen of this section when the required space heating face 'ties are not in operation. 7. Title 17 entitled "Building and Housing," Chapter 5, entitled " using Code," Section 17, entitled, "Minimum S ucture Standards for All Dwellings," is hereby amen d by deleting Paragraph a of Subsection 1 and inserting the following in lieu thereof: Where at least two (2) exits are required, they shall be independent, nobstructed means of egress remote from each other, and both shall discharge directly or via corridors or tairways or both to a public way or yard. If both means of egress are designated to a common corrido ,they shall be in opposite directions immediately upon exiting the dwelling unit or rooming unit, except a c mon path of travel may Ordinance No. Page 3 be permitted for the first twenty feet (20'). Dead end corridors shall not exceed twenty feet (20') in length. Any existing fire escape shall not be deemed a sufficient means of egress unless it is in compliance with Appendix A of this chapter. Any new fire escape must meet the requi ments of the city building and fire codes. 8. Title 17, entitled "Building and Housing," Chapter 5, entitled " ousing Code," Section 17, entitled, "Minimum Structure Standards for All Dwellings," is hereby amend d by deleting Paragraphs f and g of Subsection F2. 9. Title 17, entitled " uilding and Housing," Chapter 5, entitle "Housing Code," Section 17, entitled, "Minimum Structure Sta dards for All Dwellings," is hereby a ended by deleting Subsection 14 and inserting the following in li u thereof: No fuel burning applia ce shall be located within any sleep groom or bathroom unless provided with adequate ducting for air su ply from the exterior, and the co ustion chamber for such heating unit shall be sealed from the room in n airtight manner. 10. Title 17, entitled "Bu ding and Housing," Chapter 5, ntitled "Housing Code," Section 17, entitled, "Minimum Structure Standa s for All Dwellings," is her y amended by deleting Subsection 15 and inserting the following in lieu t ereof: Every steam or hot water boiler and every water ater shall be protected against overheating by appropriate pressure and to erature limit controls. Such controls shall have a properly installed extension pipe on the pressure lief valve. 11. Title 17, entitled "Buildin and Housing," Cha ter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards fo All Dwellings," i hereby amended by deleting Subsection K2 and inserting the following in lieu thereo Maximum Occupancy: Not mor than one fa ily, plus that number of unrelated persons permitted in the zoning ordinance shall occupy a elling uni . 12. Title 17, entitled "Building and ousing Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All welli gs," is hereby amended by deleting Subsection L and inserting the following in lieu thereof: Fire Protection Equipment: All fire ex ' guishers and early warning fire protection systems shall be properly installed according to the city fire, ilding and housing codes. 13. Title 17, entitled "Building and H si ," Chapter 5, entitled "Housing Code," Section 17, entitled, "Minimum Structure Standards for All welli s," is hereby amended by deleting Subsection 15 and inserting the following in lieu thereof: Every steam or hot water boiler nd every ater heater shall be protected against overheating by appropriate pressure and temper ure limit con ols. Such controls shall have a properly installed extension pipe on the pressure reli valve. 14. Title 17, entitled "Building nd Housing," Cha er 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards f r All Rental Housing,' 's hereby amended by deleting Subsection B and inserting the following in lieu th eof: Lighting of Public Halls an Stairways: 1. Public passageways d stairways in dwellings ac mmodating two (2) dwelling units or rooming units shall be provided wit a convenient wall mounted li ht switch(es) which activates an adequate lighting system. 2. Public passageway and stairways in buildings accom dating three (3) or more dwelling units or rooming units shall be li ted at all times with an artificial lig ing system, in accordance with the city building code. 15. Title 17, entitle "Building and Housing," Chapter 5, entitle "Housing Code," Section 18, entitled, "Minimum Structure St ndards for All Rental Housing," is hereby am nded by deleting Subsection C and inserting the following n lieu thereof: Fire Extinguisher :Fire extinguishers which are approved by the fi marshal shall be provided within every single-family welling, dwelling unit within a duplex and dwellin unit within a multiple dwelling. Multiple dwellings all have fire extinguishers located within each laund room and central mechanical room; except wher,~ these rooms are contiguous, they may be served by ne fire extinguisher. Laundry rooms and centraYmechanical rooms which are equipped with an automatic rinkler system are exempt. The minimum size fire extinguisher is a 5 Ib. 2A 106C. Fire extinguishers mu be properly mounted and in an area of easy access. Rooming houses are required to have a 5 Ib. 2A 10 Crated fire extinguisher supplied on each floor level, including habitable basement areas, and in each kit hen. Fire extinguishers supplied in areas of public access shall be contained within an approved tamperpro f cabinet. Ordinance No. Page 4 16. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for All Rental Housing," is hereby amended by deleting Subsection D and inserting the following in lieu thereof: Early Warning Fire Protection System: All dwelling units and rooming units shall be provided with smoke detectors as approved by the fire marshal. Smoke detectors shall be installed in accordance with the manufacturer's instructions. Dwelling units shall have smoke detectors located on each floor level, including basements, in each bedroom, and hallways serving bedrooms. Multi-f sly and rooming houses shall have smoke detectors in common corr ors, stair towers and stairways co structed prior to 1978. Smoke detectors shall be operable at all tim s, and when actuated, the detector shall provide an alarm for the dwelling unit(s) or rooming unit(s). An caner or owner's agent of a multipl unit residential building, rooming house, duplex or single-family dwells shall supply light-emitting smok detectors, upon request, for a tenant with a hearing impairment. New c nstruction and remodeling shal be in accordance with the city building code. 17. Title 17, entitled "Building and Housin "Chapter 5, entitled "Housi g Code," Section 18, entitled, "Minimum Structure Standards for All Rental H using," is hereby amende by deleting Subsection F and inserting the following in lieu thereof: Lead Based Paint: Every owner or operato of a dwelling unit or r ming unit being let for rent and/or occupancy shall certify that the dwelling is in a cordance with HUD ad based paint regulations, 24 CFR Part 35, issued pursuant to the lead based pain poisoning prevent n act, as amended. 18. Title 17, entitled "Building and Housing,' Chapter 5, entit d "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the aintenance d Occupancy of Premises," is hereby amended by deleting Paragraph c of Subsectio Al and inse ng the following in lieu thereof: The required occupancy separations shall provided nd maintained in all structures having mixed or multiple occupancies. The one hour occupa cy sepa tion between dwellings and garages shall be provided regardless of the date of constructs n and ay be limited to the installation of materials approved for one hour fire resistive construction n t garage side and a tight fitting, twenty (20) minute rated door or approved equivalent opening protec io as required by the city building code. 19. Title 17, entitled "Building and Housing," apter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the intenance and Occupancy of Premises," is hereby amended by deleting Subsection G1 and insert g he following in lieu thereof: Every means of egress shall be maintai din good condition and shall be free of obstruction at all times. Fire escapes, exit corridors, exit staff ays a d escape and rescue windows and any other means of egress shall be maintained in a good ate of re air at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems hall be m ntained in good condition at all times. Required fire doors shall be maintained self-closing d self-latchi as required by the city building code. 20. Title 17, entitled "Building an Housing," Cha ter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relat' g to the Maint ance and Occupancy of Premises," is hereby amended by deleting Subsection I nd inserting the foll wing in lieu thereof: Electrical System: The elects al system of every d elling or accessory structure shall not, by reason of overloading, dilapidation, I k of insulation, impro er fusing or for any other cause, expose the occupants to hazards of elect cal shock or fire, and eve electrical receptacle, switch and fixture shall be complete as manufactured and maintained in a goo and safe working condition. Only approved extension cords and multi ug adapters or other devices pproved by the inspector shall be allowed. All electrical wiring newly ins Iled or replaced shall be in com liance with the city electrical code. 21. Title 17, entitled Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of O Hers Relating to the Maintenanc and Occupancy of Premises," is hereby amended by deleting ubsection J and inserting the followin in lieu thereof: Plumbing Syste :Every supplied plumbing fixture, water iping and waste piping shall be maintained in a good and san~ ary condition. All plumbing installed or re laced shall be so designed as to prevent contamination of a water supply through backflow, back sip onage or cross connection. All plumbing newly installed o replaced shall be in compliance with the city p umbing code. A minimum water pressure of fifteen (15) p unds shall be maintained to all open outlets at a times. 22. Title 1 ,entitled "Building and Housing," Chapter 5, entitl d "Housing Code," Section 19, entitled, "Responsibilit' s of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by eleting Subsection K and inserting the following in lie thereof: Gas Piping and Appliances: All gas piping shall be properly inst Iled, properly supported and shall be maintained free of leaks, corrosion or obstruction so as to reduce as pressure or volume. Every gas appliance shall be connected to a gas line with solid metal piping r approved listed metal appliance Ordinance No. Page 5 connector preceded by an approved listed shutoff valve. Gas pressure hall be adequate to permit a proper flow of gas from all open gas valves at all times. All gas piping sh I be in compliance with the city plumbing code. 23. Title 17, entitled "Building and Housing," Chapter 5, entitled "H using Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and O cupancy of Premises," is hereby amended by deleting Subsection Q1 and inserting the following in li thereof: All fire extinguishing devices and all early warning fire protecti systems shall be maintained in good working condition at all times. All fire protection equipment dearly warning equipment shall be maintained in comp lance with the city fire code and subse tions 17-5-18C and D of this chapter. Buildings which are r uired to have an automatic fire alarm stem shall have that alarm system tested annually by a qualified larm technician to certify that the al m system is in compliance with the current standard of NFPA 72, a amended. Buildings which are re fired to have an automatic sprinkling system shall have that system t ted biennially by a qualified rinkler system technician to certify that the system is in compliance wit the current standard of NFP chapter 25, as amended. 24. Title 17, entitled "Bui ing and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners elating to the Mainten nce and Occupancy of Premises," is hereby amended by deleting Subsectio Rand inserting the fo owing in lieu thereof: Guardrails and Handrails: II .guardrails and h drails shall be maintained in a safe and sound condition at all times. Guardrails hall be provided ere there is an abrupt elevation change exceeding thirty inches (30") adjacent to pe strian areas. ardrails and handrails which are newly installed or replaced shall comply with the city b ilding code. 25. Title 17, entitled "Building an Housing," hapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relatin to the aintenance and Occupancy of Premises," is hereby amended by adding the following new bsect~ n V3: No owner or operator shall keep, stor or maintain outdoors any indoor upholstered furniture, household furniture or household furnishi g of manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. Uphol red furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdo use. The term "outdoor" includes a porch. However, the use, storage or placement of household applia ce ,household furniture or household furnishings on a porch is not prohibited if the porch is completely nclo d by fully intact glass or fully intact screens. The following shall constitute an affirmative defense any a ged violation of this provision: a) That the furniture was temporarily placed outside during the ove of a esident; or b) That the furniture was temporarily placed outside during the hours of 6:00 amt 6:00 pm in rder that it be offered for sale at a yard or garage sale and that a sign visible from the righ of way is plac d on or near the furniture indicating that it is for sale. The second defense is not availabl if the furniture 's located outside for more than two days in any six- month period. 26. Title 17, entitled "Buildin and Housing," Chap er 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners R ating to the Mainte nce and Occupancy of Premises," is hereby amended by deleting Subsectio X2 and inserting the fo wing in lieu thereof: No room shall be used a a habitable room unles certified as a habitable room at the time the certificate of structure comp) ce is issued or amended. 27. Title 17, entitled "B Iding and Housing," Chapter entitled "Housing Code," Section 20, entitled "Responsibilities of Occup is Relating to the Maintenan and Occupancy of Premises, is hereby amended by adding the foil wing new Subsection A6: No occupant shall ke p, store or maintain outdoors an indoor upholstered furniture, household furniture or household f rnishing not manufactured for out or use, including, but not limited to, upholstered chairs and uches. Upholstered furniture means a furniture constructed with stuffing or cushions or springs, not ntended for outdoor use. The term "outdo ' includes a porch. However, the use, storage or placement of household appliances, household furniture household furnishings on a porch is not prohibited if the po his completely enclosed by fully intact glass r fully intact screens. The following shall constitute an affi mative defense to any alleged violation of this p vision: a) That the furniture was temporarily placed o side during the move of a resident; or b) That the furniture was temporarily placed outside during the h rs of 6:00 am to 6:00 pm in order that it be offered r sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furnit a indicating that it is for sale. The second defense is not available if the furniture is located outside form a than two days in any six- month period. Ordinance No. Page 6 28. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," is hereby amended by deleting Exhibit B in its entirety and substituting in lieu thereof the following: APPENDIX B GUIDELINES FOR ELIMINATING LEAD BASED PAINT HAZARDS These guidelines are derived from documents published by the Iowa department of public health childhood lead poisoning prevention program entitled "Eliminating Lead-Based Paint Hazards." 1. Remove lead-based pint carefully! You should NEVER dry scrape or dry sand lead-based paint on the inside or outside of ydur home. Always mist surfaces with water before scraping or sanding them. Use a tarp or piece of lastic to catch paint chips when you are wo ing on the outside of your house. This will keep paint ch s from falling on the soil. If you are worki g outside, close windows to prevent lead dust from entering he home. 2. DO NOT sandblast or w terblast lead-based paint on the outside f your home. You do not want the paint chips to end up all ove your yard or the neighbor's yard. San lasting and waterblasting is safe ONLY if you have a special mac ~ne that will catch the paint chips. 3. Remove furniture, drapes, nd if possible, carpet from the oom you will work in before starting work. Cover the floor and furnitur that cannot be removed fro the room with a sheet of 6 mil plastic. Seal each room from the rest of the house with plastic while wo ing in it. Be careful not to track dust and paint chips into other areas of the h e. 4. Wear a negative pressure, h If-mask respirator with magenta (purple) HEPA filtration canister. You can buy these respirators at au parts stores (used f r brake and clutch work). The respirator will say "HEPA Filters -Asbestos Approv ." Be sure to read a instructions for positive and negative facefit tests and for cleaning the respirator. If he respirator doe not fit properly, it will not protect you. It will also not protect you if it is dirty. These ma s do not prote against organic vapors from heat guns or paint strippers. So, use heat guns and pai strippers o y where there is good ventilation. This will help disperse any organic vapors from the stri pets or fro heating the paint. 5. Replace the filters on the respirat if they a damaged. You should also replace them if it gets hard to breathe. This means that the filters are pl ging. Wash the facepiece (without the filters) with mild soap. Store the respirator in a bag outside the ork area. 6. If you have asthma, emphysema, or a problems, do not try to wear a respirator. Take off the respirator immediately if you feel short of b ath. If you have a perforated eardrum that has not been repaired, this respirator will not protect you fr inhaling lead dust. 7. If you will be using a heat gun, ma s re it is aloes-temperature heat gun that operates below 0 1100 F. 8. Do not eat, drink, or smoke until ou have left the work area and thoroughly washed your hands and face. Take a shower, wash your h ~ ,and chan a clothes before coming in contact with others. 9. Keep pregnant women and chi ten out of th room if you are working on a small project. A small project would be working on only a f surfaces in o e room at a time. For larger projects, keep pregnant women and children out of the hom until you complet the job. 10. After you complete the jo ,wash all surfaces oroughly with any household detergent. Vacuum with a HEPA vacuum or a regul vacuum with microfil r bags. Shampoo carpets using a machine that pumps liquid into the carpet an pulls it back out. 11. Place paint chips, dus ,and pieces of wood in a astic bag at the end of each day. Put this with your garbage that will go tot landfill. After ou com lete ork to eliminate lead-base aint hazards ou must maintain the remaining lead-based pai in good condition. You should a o frequently clean the house. Wash floors, window sills, areas betwe n the windows, and other places w ere dust and dirt accumulate at least once a week. Check the con ition of lead-based paint frequently. u need to repair paint when it begins to deteriorate. SECTION II. RE EALER. All ordinances and parts of ordin nces in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation f any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. SECTION IV. SEVERABILITY. If any section, provision or part o the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the vali ity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutio al. Ordinance No. Page 7 This Ordinance shall be in effect after its final passage, approval and publication, as provided Passed and approved this ~_ day of MAYOR ATTEST: CITY CLERK Approved by ~~`-- Jam" ~ - (C~ O~ City Attorney's Office Sue/ord/ordhsgcode.doc