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HomeMy WebLinkAbout1979-07-17 Ordinance9 ORDINANCE NO. .. ORDINANCE AMENDING SECTION 8.10.3A AND SECTION 8.10.26 B.2 OF APPENDIX A OF THE CODE OF ORDINANCES BY REGULATING THE LOCATION OF ACCESSORY BUILDINGS IN IOWA CITY. Be it enacted by the City Council of Iowa City, Iowa SECTION I. PURPOSE. Purpose of this ordinance is to regulate the location of accessory buildings in Iowa City. SECTION II. AMENDMENT. A. Section 8.10.3A of the Code of Ordinances of Iowa City is hereby amended and reads as follows: 49a. LOT -CORNER, REVERSED. A reversed corner lot is a corner lot, the rear of which abuts the side of another lot. B. Section 8.10.26 B.2 of the Code of Ordinances of Iowa City is hereby amended and reads as follows: An unattached accessory building shall not be located in the front yard, closer than six (6) feet to the main building, or closer than five (5) feet to the side or rear lot line. An unattached accessory building, however, may be located within three (3) feet of a side or rear lot line if it is located at least 60 feet from the street, except that an accessory building shall not be located closer than five (5) feet from the rear lot line of a reversed corner lot. 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 All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed.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, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication 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 required by law. Passed and approved this MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I Ie 1 MAYOR ATTEST: CITY CLERK FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES I itECi;.iS�FJ 7; ! yfR07F1� , AZ I I Ty'n Cae Development Corp. I� Iowa City, Iowa / Mayor and City Council City of Iowa City i Dear Sirs: We herebyask that the CounZapublic hearing at the earliest possible date yn regard to the proposed change in building arrangemer(t of the Ty'n Cae townhouse site plan. We are submitting to the Planning and Zoning Commission a sketch showing the proposed change. Thank you in advance for your attention. Sincerely, �f iRMC:hard McCedy rjn MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ly19 r/ NOT. _' OF PUBLIC HEARING ON ORDINANC. ,BENDING —3utie3o Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 P.M. on the 1_7th day of 197.2, 1n the council Chambers iin the Civ c enter, Iowa City, Iowa. At which hearing the Council will consider arguments for and against the proposed adoption of amendments to the Tree Ordinance, specifically Sec. 8.10.40 of the Iowa City Municipal Code. Copies of the proposed Ordinance amendments are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Section 414 of the Code of Iowa, 1977. Dated at Iowa City, Iowa, this 30th day of June 1979._ ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES `/ M ao B 1 . 1 k J i r I G {; i! i u i S !!� r/ NOT. _' OF PUBLIC HEARING ON ORDINANC. ,BENDING —3utie3o Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 P.M. on the 1_7th day of 197.2, 1n the council Chambers iin the Civ c enter, Iowa City, Iowa. At which hearing the Council will consider arguments for and against the proposed adoption of amendments to the Tree Ordinance, specifically Sec. 8.10.40 of the Iowa City Municipal Code. Copies of the proposed Ordinance amendments are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Section 414 of the Code of Iowa, 1977. Dated at Iowa City, Iowa, this 30th day of June 1979._ ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES `/ M ao B ­�CRV of Iowa Cif - MEMORANDUM ifMEMORANDUM Date: July 17, 1979 To: City Counc',l- From: Don Schme r'_ Re: Ordinance Amending the Tree Regulations In regard to discussions at the informal meeting Monday, I have con- versed with Billie Hauber, and she feels the fol Tree Regulations would be acceptable: lowing changes in the I. Section 8.10.40.6(A)(3) should be changed to read as follows: "If any provision of this section would preclude the planting of one or more trees adjacent to the right-of-way, the trees unable to be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph (C). How- ever, trees excluded by the provisions of p omitted." aragraph (C) may be 2. Section 8.10.40.6(B)(2) should be reworded as follows: "Large and medium size trees shall be planted at a minimum ratio of one (1) tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage. In the case of a corner lot, only one (1) tree for every 60 feet of lot frontage shall be re- quired." 3. A new section 8.10.40.6(8)(4) should be added as follows: "Small size trees may be located to within eight (8) feet of a building; however, large and medium size trees shall not be located closer than 16 feet to a building." 4. Section 8.10.40.6(8)(4) should be changed to paragraph (5) and read as follows: "Large and medium size trees shall be spaced no closer than 40 feet apart or for small size trees, no closer than 16 feet apart, excet along is apropriate or rquird. Inthe latterscase, treeseshalleben screniplantedpin-accordance ewithethe provisions of 8.10.18.A, SCREENING and be of a variety suitable for screening purposes as designated in the List of Recommended Trees for Iowa City." The above minor changes should alleviate the concerns which the City Forester and City Council had regarding the spacing and location of trees. Mao MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVES ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.3A.60; ADDING NEW SECTIONS 8.10.3A.2a, 8.10.3A.22a, 8.10.3A,51a, 8.10.3A.60, 8.10.3A.72a, AND 8.10.3A.72b; DELETING SECTIONS 8.10.40.4 THROUGH 8.10.40.16 OF THE TREE REGULATIONS: AND SUBSTITUTING IN LIEU THEREOF SECTIONS 8.10.40.4 THROUGH 8.10.40.9. dun >. PURPOSE. The purpos�of this ordinance is\to amend the Code of uOrdina ces by establishing reqirements for the planting and preservation of trees and to provide for the enforcement thereof. j SECTION�.J. AMENDMENT. A. Section 8.10.3A of Appendix A is hereby amended b adding ,the following sections: 2a. AISLE. n�asphalt, concrete or similar permanent' dust -free surface which is connected 'rectly to a parking space(s) and designed o permit ingress or egress of a/vehicle to or from the parking spa��. (In no ase can an aisle be a drive - see defini ion for "drive".) 22a. 0 IVE, DRIVEWAY. Aniasphalt, concrete or imilar permanent '�st-free surface g designed to provide vehicular access to a P arking area which is composed of more than four (4) parking spaces and an ' aisle(s) and which shall be at least 10 j feet wide. (In no case can a drive be an aisle - see definition for "aisle".) 51a. LOT LINE, FRONT. The lot line separating the lot from the street. In the case of a } corner lot, the shortest street dimension shall be considered the front lot line except that if the street dimensions are e within the ratio of from 3:2 to 3:3, then the front lot line may be along either street. t 51b. LOT LINE, REAR. The lot line opposite and most distantfrom the front lot line. In the case of an irregular or triangular-shaped lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 10 feet long and within the lot. t /490 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Ord`nce No. Page G 72a. TREE. A live self-supporting perennial woody plant with a single or multiple self-supporting trunk(s) (the size of a tree to be planted at initial installa- tion is indicated in "The List of Recom- mended Trees for Iowa City.") 72b. TREE ISLAND. An unpaved pervious area intended for the placement of a tree. B. Section 8.10.3A.60 of Appendix A is hereby mended to read as follows: F PARKING SPACE. An asphalt, concrete or similar permanent dust -free surface tended for off -s reet vehicular pa king and which shat be at least nine (9) eet wide and 20 feet long (except as othe ise providedj. Parking spaces shall a d/designedid io permit ingress and egress ficle without moving any other v arked adjacent to the parking In all cases a parking space shonnected to an aisle.) For singland two-family dwell- ings, wted pursuant to the requiremehis Chapter, one space may be beher. C. Section 8.10`40.4 of Appendix A hereby amended to read as f llows: \ (8.10.40.0) GENERAL APPLICABILITY. No build- ing permit nor certificate f occupancy shall be issuq for the constructio , reconstruction or structural alteration of a\building on a lot without conformity with the provisions of this !section. However, individual lots occupied by single family dwellings shall be exempt from the requirements of this section. The distances required herein for the location of a tree shall mean the distance to the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. The varieties and sizes at initial installation of trees permitted by this ordinance for the use indicated, are specified in the "List of Recommended Trees for Iowa City" attached as a supplement to this section. Evergreen trees, used for screening purposes in accordance with the provisions of Section 8.10.18.A SCREENING, may be used to satisfy the requirements of this section MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES HOMES Ord"*�nce No. Pagt J provided they are of a variety suitable for screening purposes, as listed in the attached supplement, and are allowed to grow to their mature height. D. Section 8.10.40.5 of Appendix A is hereby amended to read as follows: (8.10.40.5) SITE PLAN. When provisions of this section are applicable, a site ("plot") _ plan shall be submitted with the request for a building permit and shall, in addition to the information normally required, include: (A) the size and location of existing and proposed driveways and parking areas on the lot and public s rets and alleys abutting the lot; (8 the size and loc ion of required tree isla ds; and (C) t e mature eight (small or large), In tion an type (evergreen or decid- uou of existing and proposed tree plan 'ng . E. Section 8. 0.40.6 of Appendix A is hereby amended tp�read as follows: (8.10. 6) TREES ADJACENT TO AND WITHIN STREE RIGHTS-OF-WAY. The following pro- vlsins shall regulate the planting of trees i adjacent to and within street rights-of-way. l (A/) Applicability I(1) Whenever there is a change in an existing use,a requirements of t this subsection §all be applicable i to the entire lot 4,r, separate tract. (2) Whenever a building is constructed, reconstructed or structurally 1 altered by one or more additions, the total of which increases the floor area by more than 10 percent, the requirements of this subsection i shall be applicable to the entire lot or separate tract. i (3) If any provision of this section would preclude the planting of one or more trees adjacent to the right- s i I FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t10In ES B Ord''"�nce No. Page + of -way or if any tree would be lo- cated within eight (8) feet of a building, the trees unable to be planted adjacent to the right-of- way shall be planted within the right-of-way according to the provisions of paragraph (C). However, trees excluded by the provisions of paragraph (C) may be omitted. Required Tree Planting Adjacent to Street Rights -of -Way. Trees sh/planted ll be planted adjacent to stre-of way and meet e following co: (1) The specielanted shall be isted in t of Recommended T es for I" as street trees or ermitteCity Forester. (2) Trees halted at a minimum ratio ee for every 30 feet of t frontage, or in the case of a c er lot, one (1) tree for every f t of lot frontage. (3) Tre s shall be planted adjacent to st eet rights-of-way within eight feet of the right-of-way line ut not closer than four (4) feet to a public sidewalk nor three (3) feet to a right-of-wa line where a public sidewalk does not exist. ,(4) Trees shall be spaced no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of section 8.10.18.A, SCREENING. (5) Trees shall be located within tree islands and separated from parking areas pursuant to the requirements of paragraph 8.10.40.8(C), Required Tree Planting for Parking Areas. (6) Trees shall not be located within a triangular area at street intersec- tions, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES k ., Ord' nce No. Page J (7) Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the utility companies and the City Engineer. (C) Placement of Trees Within Public Rights - of -Way. Trees planted within public rights-of-way shall meet the following conditions. (1) A tree planting permit shall be obtain from the City Forester. (2) The s ecies to be planted shall be \list d in the "List of Recommended Tre s for Iowa City" as street trees ori ermitted by the City Forester. (3) reel shall not be located within A (4) feet of a public sidewalk within nine (9) feet of a right - ay line where a sidewalk does exist. (4) Trees\ shall not be located within five ( feet of the curb. (5) At str�@t intersections, trees shall not be located within 70 feet of the int6rsection of curb lines along arterial streets, 50 feet along collector streets, nor within 30 feet of the intersection of curb lines along residential streets. (6) At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within 10 feet of the drive, aisle or the right-of-way line of the alley. (7) Trees shall be spaced no closer than 16 feet apart. (8) Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the utility companies and the City Engineer. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES t Ord nce No. Page o F. Section 8.10.40.7 of Appendix A is hereby amended to read as follows: (8.10.40.7) TREES ON PRIVATE PROPERTY FOR RESIDENTIAL USES AND PARKING AREAS. The following provisions shall regulate the planting of trees on private property for residential uses and parking areas. (A) Applicability _ (1) Whenever the Total number of parking spaces requ red or provided for a Ispaces eed 18 parking spaces, the me s of paragraph (C) shall I ic ble. This paragraph shall ply in the following i s the number of parking spaces an existing parking area is creased to exceed an area ich accommodates 18, nine by 20 foot parking spaces, parking area in excess a 1 comply with the u ements of this para- aph.an isting parking area, ich ceeds 18 parking ces, i ncreased in area, the additional parking area shall comply with the require- ments of this paragraph. (c) If an existing parking area does not consist of a permanent dust -free surface and is required to be surfaced or altered in any way, the provisions of this paragraph shall apply as if the parking area had not previously existed. (2) Whenever a residential building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than 10 percent, the requirements of paragraph (8) shall be applicable to the entire lot or separate tract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Ord"'�nce No. Page % (3) Property in the CB zone shall be exempt from the requirements of paragraph (B). (4) Parking ramps, covered parking areas and parking areas that are an integral part of a building shall be exempt from the requirements of this subsection. (B) Required Tree Planti g for Residential Uses. Trees shall a planted on a lot Vwith a residentia use and meet the ollowing conditio The species to be planted shall be listed in he "List of Recommended rees for owa City" or permitted by t City, orester. (2) Tree shall be planted at the mini ratio of one (1) tree for ever(bbasis 0 square feet of total ding coverage of the lot. re re idential uses are com- d with ther uses, the building rage sha 1 be determined on the of the, greatest amount of ential floor area of any floor is wholly or partially devoted residential use.) These trees be in addition to the trees red to satisfy the require - of paragraph 8.10.40.7(B) and paragraph (C) below. (3) Trees shall not be located within four (4) feet of a public sidewalk nor within three (3) feet of a street right-of-way line where a Public sidewalk does not exist. (4) Trees shall not be located within a triangular area at street inter- sections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. (C) Required Tree Planting for Parking Areas. Trees and tree islands shall be provided within and abutting the perimeter of the parking area(s) and meet the following conditions: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIDES Ord'lnce No. Paga 6 (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or permitted by the City Forester. (2) Tree islands shall be located so every parking space or portion thereof is not more than 40 feet from a small /spaces iwithin a tree island or 6 a medium or arge sizehin a tree i land. (3) Tre islandsocated as to se as ate parfrom drives and a leys illustration below. ►ervnri oervr, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES r R. i f i i i i i Ord'lnce No. Paga 6 (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or permitted by the City Forester. (2) Tree islands shall be located so every parking space or portion thereof is not more than 40 feet from a small /spaces iwithin a tree island or 6 a medium or arge sizehin a tree i land. (3) Tre islandsocated as to se as ate parfrom drives and a leys illustration below. ►ervnri oervr, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES k, Ord! N,nce No. Pagt e (4) Each tree island shall not be less than 170 square feet in area for trees allowed in small islands (the length of the tree island shall not exceed 20 feet) and shall be not less than 350 square feet in area for trees not allowed in smaller islands as indicated in the "List of Recommend/sha f r -Iowa City." ;5) Tree islabe separated from parking srives, and alleys byan unmcurb or a barrier a minimue (5) inches in height. or barrier shall be construch a manner that altwate will not damage (6) Tre (lowed in small tree islands shall be planted within required tree lands at the ratio of one tree f each 170 square feet of tree is 1 nd area. Large or medium side tree not allowed in smaller islands s all be planted within required tr a islands at the ratio /of one tree r each 350 square feet of tree islan area. (7) Trees allowed in�,small tree islands shall be located a minimum of four and a half (A) feet from the edge of a tree island and trees allowed only in large tree islands shall be located a minimum of nine (9) feet from the edge of a tree island. (8) Trees shall not be located within four (4) feet of a public sidewalk nor within three (3) feet of a street right-of-way line where a public sidewalk does not exist. G. Section 8.10.40.8 of Appendix A is hereby amended to read as follows: (8.10.40.8) INSTALLATION. All tree plantings required by this section shall be installed prior to occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Inspector may grant a delay to the MICROFILMED 8Y JORM MICROLAB CEDAR RAPIDS -DES IIOINEs I I j i r Ord'_'�'nce No. Pagt i.0 seasonal calendar dates of June 1 or November 1, whichever occurs first. H. Section 8.10.40.9 of Appendix A is hereby amended to read as follows: (8.10.40.9) MAINTENANCE. It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting. I SECTION III. REPEALER. Se on 8.10.3A.60, 8.10.40.4 through 8.10.40.16 f Appendix A of the Code of Ord nances and al other Ordinances or parts of Ord* nces in conf Ict with the provisions of this Ord*nan a are here repealed. SECTION IV. SAVI S CL SE. If any section, provision, or par o this Ordinance shall be adjudged invalid or constitutional, such adjudi- cation shall not aff t the validity of the Ordin- ance as a whole or ny ection, provision, or part thereof not adjudg� *nv lid or unconstitutional. SECTION V. EFFEC/fIVE DATE This Ordinance shall become effectiv after its final passage, approval and publ*cation as provided ey law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES Ord—'nce No. Page 11 It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Fir V Sea Vi Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera i I i f � I ; i f Ord—'nce No. Page 11 It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Fir V Sea Vi Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera ORDINANCE NO. 79-2961 AN ORDINANCE PROVIDING FOR NON-REFUNDABLE DEPOSITS AND FINANCING FEES FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE CITY OF IOWA CITY, IOWA WHEREAS, Chapter 419, of the Code of Iowa, 1979, as amended enables municipalities to issue industrial revenue bonds for certain purposes; and, WHEREAS, the City Council of the City of Iowa City deems it appropriate to establish non-refundable deposits and financing fees to cover preliminary costs and expenses, and to cover other costs for its work and responsibility in connection with each issue of such industrial revenue bonds; and, WHEREAS, such non-refundable deposits and financing fees shall apply to all industrial revenue bonds of the City of Iowa City, Iowa, issued under, pursuant to and in accordance with Chapter 419, Code of Iowa, 1979, as amended. Iowa: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Iowa City, SECTION 1. That whenever, and as often as, any person shall request the City of Iowa City, Iowa, to finance any project by issuance of its industrial revenue bonds, such request shall be accompanied by a Non -Refundable Deposit in the amount of 1 $5,000 to cover preliminary expenses of the City of Iowa City, in its investigation of the desirability and feasibility of such financing. Such payment will be dis- bursed by the City to cover such expenses regardless if any such financing is completed, but may be repaid as a project cost from bond proceeds if and when such bonds are issued. SECTION 2. The City of Iowa City, Iowa, shall charge a Financing Fee at which time the bonds are issued by it under the provisions of this ordinance. Fees shall be not less than $5,000 nor greater than the amount equal to $10.00 per $1,000 of j' bonds for the first $1,000,000 of bonds issued, $5.00 per $1,000 of bonds for the r next $4,000,000 of bonds issued, and $2.00 per $1,000 of bonds for any amounts issued in excess of $5,000,000. The maximum allowable fees shall be calculated on the principal amount of bonds issued at each time of issuance of such bonds by the City of Iowa City. The Financing Fee established by this ordinance, along with the Non - Refundable Deposit established herein, shall be deemed to cover all of the services rendered by any and all officers and employees of the City and the expenses incurred in connection therewith and shall be considered to be a project cost payable out of the bond proceeds. i SECTION 3. Relationship to other ordinances. I£ any provision of this ordinance Mconflicts with any provision of other ordinances, the more restrictive shall apply. SECTION 4. Savings Clause. If any section, provision or part of the ordinance k shall be adjudged to be invalid or unconstitutional, such adjudication shall not i affect the validity of the ordinance as a whole or any section, provision or part 1 thereof not adjudged invalid or unconstitutional. i SECTION 5. Effective Date. This ordinance shall be in effect after its final passage, approval and publication as required by law. 1 i 0150-L. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES n Ordinance No. 79-2961 -2- Passed and adopted this 17th day of July 1979 Df jror ATTEST: L / City Clerk It was moved by Perret , and seconded by Neuhauser that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Moved by Perret, seconded by Neuhauser, that the rule requiring ordinances to be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret. Nays: none. Date of publication July 25, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO VIES Rwriv D & IPPROVED BI IS LW4 DLPARTiMT ?- LZ9 Rr. I e" ORDINANCE NO. 79-2962 AN ORDINANCE AMENDING SECTION 17-6(d) OF THE CODE OF ORDINANCES OF IOWA CITY CEILING HEIGHT TO EXEMPT DWELLINGS WHICH WERE CONSTRUCTED PRIOR TO 1919 FROM THIS PROVISION. SECTION I. PURPOSE. The purpose of this amendment is to exempt dwellings which were constructed prior to 1919 from the provision on ceiling heights. SECTION L. AMENDMENT. Section 17-6(d) of the Code of Ordinances is hereby amended to read as follows: (d) Ceiling Height. No habitable room in any dwelling shall be in any part less than seven (7) feet high from finished floor to finished ceiling; the average height of any such room shall not be less than seven (7) feet six (6) inches. Any habitable room located directly below a roof in a private or a two-family dwelling requires a seven foot ceiling height in one-half 6) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. EXCEPTION: Where it can be demon- strated to the Housing Inspector that the dwelling has remained under continuous operation without a change of use or classification since 1919, this requirement does not apply. SECTIONIII. REPEALER. All ordinances and parts of ordinances In conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provi- Sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication 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 ibe in effect after Its final passage, approval and publication as required by law. Passed and approved this 17th daL of July, 1979. MAYOR ATTEST:,` CITY CLERK IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 �.._'. NO. 79-2962 Page 2 It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: none. Date of publication July 25, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES aY�TIE IVEn a dPPA6V1iS" LEGAL DEPARTLfEHT. ...... • ... A k It 'City of Iowa City MEMORANDUM Date: July 11, 1979 To: City Council Members From: Director -Department of Housing & Inspection Services Re: Ordinance Amending Ceiling Height -Housing Code Due to an administrative oversight, the ordinance that has been pre- viously considered by the Council regarding required ceiling height of the City's Housing Code, had to be reworded. Therefore, it is necessary that the language in the attached proposed ordinance be given first consideration by the Council. We regret the error in not submitting the redraft of this ordinance as it had been suggested by the City Attorney and discussed at the informal Council meeting of June 25, 1979. It should be noted, there is no change in the intent of this version of the Code amendment from the one given second reading on July 3, 1979, how- ever, the ordinance had to be reworded to conform to State Code language jm2/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110INES .1 City of Iowa City MEMORANDUM Date: July 11, 1979 To: City Council Members From: Director -Department of Housing & Inspection Services Re: Ordinance Amending Ceiling Height -Housing Code Due to an administrative oversight, the ordinance that has been pre- viously considered by the Council regarding required ceiling height of the City's Housing Code, had to be reworded. Therefore, it is necessary that the language in the attached proposed ordinance be given first consideration by the Council. We regret the error in not submitting the redraft of this ordinance as it had been suggested by the City Attorney and discussed at the informal Council meeting of June 25, 1979. It should be noted, there is no change in the intent of this version of the Code amendment from the one given second reading on July 3, 1979, how- ever, the ordinance had to be reworded to conform to State Code language jm2/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17-6(d) OF THE CODE OF ORDINANCES OF IOWA CITY CEILING HEIGHT TO EXEMPT DWELLINGS WHICH WERE CONSTRUCTED PRIOR TO 1919 FROM THIS PROVISION. SECTION 1. PURPOSE. The purpose of this amendment is to exempt dwellings which were constructed prior to 1919 from the provision on ceiling heights. SECTION AMENDMENT. Section 17-6(d) of the Code of Ordinan es is hereby amended to read as follows: FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (d) Ceiling Height. No habitable room in any i.: ' dwelling erected aft r 1919 shall be in any part less han sev feet high from finished floor to fi ishe ceiling; the average height of any such o shall not be less than seven p feet six inc . Any habitable room located directly be ow a roof in a private or a two i family dw ing equires a seven foot ceiling height i one -hal its area, and areas of less thanf' a feet, fling height shall not be i P cons -red as a p rt of the required room are . SECTIO 3. REPEALER. All rdinances and parts of ordi nces in conflict with �he provision of this ordinance are hereby repealedi CTION 4. SEVERABILITY. If \y section, provi- j %,•' sion or part of t— h Ordinance sHalI be adjudged to be invalid or unconstitutional, sdch ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall ?t; be in effect after its final passage, approval and publication as required by law. I I, Passed and approved this MAYOR i i ATTEST: i i I I 1 CITY CLERK FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ORP-'*INCE NO. PAGE L It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: 4SNAYS.. ABSENT: Balmer deProssErdahlNeu/ 6ser P��fret Roberts Vevera First consie t -on 6/26/79 Vote for pas ge: Ayes: Perret, Roberts, Vevera, Balmer, Neuhau r Nay ppi�e. Absent: deProsse, Erdahl. Second cp'�era 'on/�//9 Vote for Ayes: e�Tauser, Perret, Roberts, Ve, Ba me Nays: none. Absent: deProsse, j E Bahl. f a { MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOITIES i 1M07E1) B2 M UML PEF61?TRENT —�✓' /F— 79./(7/..x.._ N 0 s: :i f r.� Y'. 1 i s a ki y fi ( 3 a. 6 i ORP-'*INCE NO. PAGE L It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: 4SNAYS.. ABSENT: Balmer deProssErdahlNeu/ 6ser P��fret Roberts Vevera First consie t -on 6/26/79 Vote for pas ge: Ayes: Perret, Roberts, Vevera, Balmer, Neuhau r Nay ppi�e. Absent: deProsse, Erdahl. Second cp'�era 'on/�//9 Vote for Ayes: e�Tauser, Perret, Roberts, Ve, Ba me Nays: none. Absent: deProsse, j E Bahl. f a { MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOITIES i 1M07E1) B2 M UML PEF61?TRENT —�✓' /F— 79./(7/..x.._ N -- MICROFILMED BY JORM MICROLAB