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HomeMy WebLinkAbout1975-11-25 Ordinancer-; ORDINANCE N0. 75-2788 AN ORDINANCE AMENDING CHAPTER 8.10 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY ESTABLISHING PROVISIONS FOR NON -CONFORMING USES AND BY REPEALING SECTIONS 8.10.3.56, 8.10.5C, 8.10.5D, 8.10.21B AND 8.10.24C OF SAID CHAPTER. BE IT ENACTED BY THE CITY, COUNCIL_ OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the Municipal_Code to establish provisions for non -conforming uses. SECTION II. AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by the following: - L (8.10.3) Definitions. 20a. CONVERSION. Any change in a principal use to another principal use. 55a. NON -CONFORMING BUILDING. A building or portion thereof, existing at the effective date of this Chapter or any amendments thereto; which does not conform to the provisions of this Chapter relative to height, area or yards for the zone in which it is located. 56. NON -CONFORMING USE. Any use that is not permitted within the zone in which it located by reason of the adoption ofthisChapter or subsequent amendments thereto. 70a.- STRUCTURAL ALTERATION. Any change in the configuration of the exterior walls, foundation or the roof of a building which results in an increase in the area, height or volume of the building. 72a.- USE.; The purpose for which land or a_building is intended or for which land or a building is or may be occupied. II: (8.10.5) GENERAL EFFECT OF THIS CHAPTER EXCEPT AS HEREINAFTER PROVIDED: _ C. No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations -for --the zoneinwhich the building is located or as otherwise provided in this Chapter. D. No building shall be erected, converted,enlarged, reconstructed, or structurally altered except in 'conformity with the yard regulations for the zone in which the building is located or as otherwise provided in this Chapter. Page_ 2 • • Ord. No. 75-2788 -2- III., (8.10.21B) NON -CONFORMING USE REGULATIONS. A non -conforming use may be continued and, if there are no structural -alterations, such a use may be converted to a use permitted in the same or higher zone. If it is changed to a use permitted in -a zonehigher than the zone.-in-whichh theexisting use;is_permitted, it _cannot be changed back to a use permitted in a lower zone. If .it ischanged to a conforming use, it cannot be changed back to a non -conforming use. For the purposes of this paragraph the "same zone" means the most restrictive zone in `which `.the -non -conforming use is a permitted use; a "higher zone" means a zone which is more_, restrictive_ than the most restrictive zone in which the non -conforming use is a _ permitted use. IV. (8.10.24C) AREA REGULATIONS. Any building that is in violation of these area regulations may be repaired or remodeled but not recon - structed or structurally altered provided, however, that no further violation of any part of this Chapter or reduction of the area regulations in noncompliance is created. SECTION III. REPEALER. All other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as are Sections 8.10.3.56, 8.10.5C, 8.10.5D, 8.10.218 and 8.10.24C of _ the Municipal -Code of _Iowa City. SECTION IV. SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged 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 uncon- stitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as provided by law. It was moved by Davidsen and seconded by Neuhauser that the Ordinance as read be adopted, and upon roll call there were: i ORDINANCE NO. 75-2790\ - • AN ORDINANCE REGULATING STORAGE, COLLECTION,,TRANSPORTATION, PROCESSING AND DISPOSAL OF SOLID WASTE; PROVIDING-FOR COLLECTION - AND DISPOSAL OF SOLID WASTE; ESTABLISHING A PERMITSYSTEM FOR ' PERSONS-ENGAGED'-'IN THE BUSINESS OF.COLLECTING, ':TRANSPORTING, . - PROCESSING OR DISPOSING OF-SOLID WASTE;-PROVIDING FOR""THE DIS-- _... _... POSAL OF NONCONFORMING SOLID WASTE CONTAINERS; PROVIDINGHEARING PROCEDURES FOR CITYDETERMINATIONS OF ORDINANCE OR. RULE:VIOLATIONS; PROVIDING FOR THE DIRECTOR'S RULE MAKING-AUTHORITY;PROVIDINGA - --:-PENALTYFOR VIOLATION OF- THE ..PROVISIONS OF.. THIS =ORDINANCE; -AND -' REPEALING_ ORDINANCE NO. 2291-AND ORDINANCE NO..2286.2_(SECTIONS " 3.42.1 THROUGH 3.42.5, MUNICIPAL. CODE). BE IT ESTABLISHED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The: purpose'of. this ordinance is to provide for the.; health, - safety,'andwelfare of the citizens of .Iowa City by regulating the storage, collection, transportation, processing and disposal of solid, waste, and providing for the collection` and -disposal of solid waste. -- - - SECTION II. DEFINITIONS. For the purposes of this ordinance the following terms shall bedeemed -to havethemeanings indicated below: "Bulky rubbish" means non-putrescible solid wastes consisting of combustible and/or - non-combustiblewaste.materials which are either too large _or:_-too heavy. to be safely and conveniently loaded in solid waste transportation vehicles by solid • waste collectors, with the equipment available. "City" means the City of Iowa City, Iowa. "Collection" means removal of solid waste from its place of storage to the trans- `-:portation vehicle. - - -- _ - "Demolition and construction waste" means waste materials-from the construction or destruction of residential, industrial or commercial structures. "Director" means the City Manager of the City, or his/her authorized representa- tive. "Disposable solid waste container" means disposableplasticor paper sacks with a: capacity of 20 to 35 gallons specifically designed for storage of solid waste. "Dwelling unit" means any room or group of.rooms-located -within a structure, and forming 'a single habitable unit with facilities which are used, or are intended to be used,.for living, sleeping, cooking and eating. "Garbage" means putrescible animal or.vegetable wastes resulting-from the handling', preparation, cooking,` serving, or consumption of food. "Hazardous wastes" mean including but not limited to: pathological wastes, explo- sive wastes, pesticides, pesticide containers, toxic or radioactive materials. • "Multiple housing facility" means a housing facility containing more than one 'dwelling-unit under' one roof. "Occupant" means any person, who alone or jointly or severally with others,' shall be in actual possession of any dwelling unit or of any other improved-real property, either as owner or tenant.__ - Ordinance No. 75-2790 • page 2 "Person" means any individual, corporation, government or governmental_subdivi- sion or agency, business'"trust, estate, trust, partnership or_,association, or any other legal entity. "Processing" means incinerating, composting, baling, shredding, salvaging, COM patting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. "Refuse" means solid waste.' ials a solid or •Solid waste" means unwanted or discarded arbawaste e, asheserstreetnrefuse, rubbisshh, solid state, including but not limited to g a wastes„ discarded, appliances, agricultural wastes, Yar dead animals ,'animal and and demolition and construction wastes. special wastes, industrial wastes, re Sul (a) commercial solidwaste solid waste- -titutionalornagricultuoperation ralestablishf any commercial, ment, and multiple housing facilities with more than four (4) dwelling units.< the aste ting nt (b) Residential solid waste units,solidwexcludinglmultiplemhousi glfacilities operationand dwelling with more than four (4) dwelling units. "Solid waste container" means a receptacle used by any person to store solid waste during the interval between solid waste collections. • "solid waste disposal" means the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man. collec- "Solid waste management" means the entire solid waste system of storage, tion,transportation, processing and disposal. ste from the time of its "Storage" means keeping, maintaining or storing solid wa production until the time of its collection. rom the place of collection "Transportation" means the transporting of solid waste f processing facility or solid waste disposal area. or processing to a solid waste "Yard wastes" mean grass clippings, leaves, tree and bush trimmings. SECTION III. SOLID WASTE STORAGE. Section 3.1 - The occupant of every dwelling unit and of every institutional, commercia business, industrial or agricultural establishment producing solid_ all r sufficient demolitiontand construction waste containers for the e to ge of waste shall provide serve each solid waste except bulkyubbish ad such dwelling unit and/or establishment; and to maintain such solid waste containers in good repair. Section 3.2 - The occupant of every dwelling unit and of every institutional, • commercial, agricultural or business establishment shall place all solid tainers waste to be and Collected in maintainrsuch solid waste containers oper solid waste.COnland cthe areaept as tsurrounding thise em herein, a Condition at all times. in a clean, neat and sanitary 75-2790 • • Ordinance No- page 3 o.page"3 Section-3.3 - Residential solid waste-shall be stored i contners shof not • � cellons nor less than 20 gallons in capacity. covered be more. than 35 gfly-tight lid and shall'; be properly leakproof, waterproof, and fitted with a contents thereof. at all times except when depositing waste therein or removing the The containers shall have handles, balls manufacturedor other forresidentiallifting vsolid waste,- The type origir Lally con with shall be of a easy emptying.They shall be of light weight and; sturdy with tapered sides for easy sh plastic containers struction. The weight of any-individual container and contents shall not exceed 75 pounds. -Galvanized metal containers, or rubbebe used.ass, orDisposablesolid waste which do not become brittle e- cold weather, alsoYbe used for storage of residential containers as approved -by-the-Director Director may solid waste. Section 3.4 rCommercial solid waste-shallbe stored in solid waste containers as approvedhe director. .The containers shwast allethereinrorfremoving theproof acont contents be covered at all times except when depositing thereof. Section - Residential solid waste containers shall be stored -upon private property. ranted written permission from the, city to use Commercial solid waste containers shall be stored upon private property unless the owner shall have been g ection public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire insp personnel. Section — Tree and bush limbs less than 4^ " lowd 18diameter indiameter brush shall be • securely tiedin burs. Thetlarger weight ofhany4individualdbundlenshallenot exceed 75ppound s. in storage co -The weight of any individual container the dispersal of wastes. - - constructed and main- Secti�•? Yard wastes shall be stored in containers so tained-as toprevent and exceed 75 pounds. contents shall n of Section 3.8 - Any container that does not-caon�oormats lidSectwasteions 3container 4upon thisordinancest be promptly replaced by an PP If not replaced --- thecontainer-.anditscontents may receipt in notice mu to that effect from the city to the occupant- within seven days after receipt of such notice, be disposed of by the city as waste. If an occupant contests the city's determination determination by'requesting a hearing in that his/her container does not conform to Sections 3.3 or 3.4 of this ordinance, he/she may obtain a hearing on the city's- term shall be made to the Director of writing upon receipt of the notice. The req safter.receipt of the Public works of the City, and shall be made within seven day to notice. Notices for purposes of this section shall be'attaanddshallhsupply ainforma- determined to be in violation, shallobtabed agAlhearinq uponthedetermination may be tion as to how a hearing may be obtained according to the provisioof section Viii. ns SECTION IV. COLLECTION OF SOLID WASTE Section - aste Once Per week, the city shall collect all residential g units. royal of the Director, the City shall provide collection resulting from the operation and maintenance of four (4) or fewer dwelling ion • Upon request, and upon app to a ...z — to multiple housingfacilities of more than lid waste containersnpernpr property area under of fifteen (15) pped separate ownership. Ordinance No. 75-2790 • page 4 waste collected shall, upon being loaded into transportation equip - All solid arty of the collection agency.. - • s are ment, become the pr°P rubbish from premises ue t ifhit doesnotexceedereasonable Bulky ❑ req romulgated Section 4 2 will be collected uP° regulations, to be made and P provided city to be fixed by limitations of weight and bulk eater than four (4) inches in diameter or tree and rubbish. by the director. Tree limbs g and 3.7 bush trimmings not tied in bundles shall be colas described in sections 3.6 d and wastes, laced at the curb or alley,foz Section 4.3 - Tree limbs c Y and wastes created'by commercial tree service - c solid waste containers shall be P not be collected. weekly collection. Tree limbs and Y the clearing of land for constru°tion will or other operations or by i tree limbs, yard wastes, Section 4.4 - AlY solid waste containers. laced ed -at curb for collection shall. solid waste permitted by before the regularly scheduled collection ��• this ordinance to before p m, on the day the same day collection is made', Placed until 5:00 p•the of any not be p possible to the side or back day. containers shall asrneareasfreasonably rP° n and returned t°.a.P ro erty, on the property, the collection of permanent building responsible for transP°rtation vehicle provided the Solid waste collectorsto the be respo 3 5, 3.6 and 3.7 of this Section 4.5 3. 3 r 3.4 , ��— point of collection to the the duties Of the solid waste from the Psections caused as a result of transportation vehicle by or blowing litter transpo -solid waste was stored in compliance -with sect la ed in, the ordinance.AnysPillage.. _ solid waste collector shall be aolleoted and p • the solid waste collector. TRANSPORTATION OF SOLID WASTE clean SECTION V. prevent erated.to P All transportation vehicles shams nta�edtandeopin a safe, Section 5.1 - be constructed, maintained n'of_solid waste shall and shall transpo an integral and sanitary condition, All vehicles used for of solid waste. -, d with covers which shall be fasteners spillage whenever water -tight bodies an d shall be secured be constructed with crate cover of suitable material with the cover to the vehicle an the entire bodies part Ofthevehicle or shall be a sap as an alternative, ` designed to secure all rngssolid waste, °L� sed. the vehicle'is ad with only loading hoppers expo No solid waste shall be trans- shall be enclosed, hoppers. or disposal ported in the loading required for the removal, hauling however, all such - Permits shall rad ng or excavation activities;_con-tructed and Section -n thepublic ed in tight vehicles, trucks or receptacles,111 up° of earth and rock material from g transported ;shall spill material shall be convey maintained so that none of the material being right Of way' Section 5.3 - _Transportation and disposal of demolition and construction wastes VI - shall be accordance with sections V and VI. SOLID WASTE SECTION -VI. DISPOSAL OF facility or.. sited at a processing of state law - Solid wastes shall be deposited with all zecuizements • Sectio roved by the city and come Y disposal area app table classify certain wastes as hazarnner-acceps _ The director may sed of in a manner ons. Section 6.2 special handling and shall be disposed which will req will meet all local, state and federal regulations, to the director and which :15 H96 -ordinance No. page 5 • - SECTION VII. PERMITS. -- - - Section 7.1 No person shall engage in the business of, collecting, transporting, processing or disposing of solid waste within the corporate limits of -the city without first obtaining an annual permit from the city,- provided, however, that this provision shall not be deemed to apply to employees of the holder ofanysuch permit. Section 7.2 - Each applicant for any such permit shall state in his application: (a) the characteristics of solid waste to be collected, transported, processed or disposed; (b) the number of solid waste transportation vehicles to be operated; (c)i the precise location or locations of solid waste disposal facilities to be used; (d) such other information as required by the -director. Section 7.3 If the application and inspection shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public- health ublic health or damage to the environment and inconformity with the laws of the State of Iowa and this -ordinance, the director shall issue the, permit authorized by this ordi- nance. A permit sticker shall be applied to the upper right-hand corner of the rightdoor of all transport -vehicles. ----The permit shall be issued for a period -of -one year, and each applicant shall pay a fee of one dollar ($1.00) for each transporta- tion vehicle to be used. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the reapplication comply with the provisions of this ordinance. Section 7.4 The annual permit may be renewed after inspection and approval of all collectionandtransport vehicles and upon payment of the fee or fees as -desig- nated he if the business has not been modified. Nopermitsauthorized by this • ordinance shall be transferable from person to person. - Section 7.5 - In order to insure compliance with the laws of this state, this ordinance, and _the rules promulgated pursuant` thereto,' the director is authorized to, inspect all phases of solid waste management -within -the city.- No -inspection shall be made in any residential unit unless authorized by the occupant or by due process of law.` inall instances where such inspections reveal violations of this ordinance or rules promulgated• thereto for the storage, collection, transportation, processing or disposal of solid waste, or the laws of the-stateof Iowa, the director ..�shall I issue a notice for each such violation in accordance with section VIII of this ordinance. SECTION VIII. HEARING PROCEDURES. - - - Section 8.1 - If the city determines that any person is in violation of this ordinance, or any rule promulgated pursuant to this ordinance, the city may, withhold' - solid waste management services from that person, may deny orrevoke,any permit applied for or held under section VIZ of this ordinance, or may dispose of a garbage' container that does not conform to sections 3.3 and 3.4 of this ordinance. Notice of any such determination made by the city shall be given in accordance with section 8.2, unless some other section specifies a different form of notice, ? in which case that different form of notice shall be controlling. Section 8.2 - The notice shall a. be in writingr Ordinance No. 75-2790 . • page 6 • the solid waste management ordinance have been found; C. describe the violation(s)_in reference to the applicable provisions - of the ordinance or rules; d. advise that the person determined to be in violation may secure an administrative hearing upon said determination by filing a written request within seven (7) days after service of the notice ,with the - Director of Public Works of the city; e. state that the city's determination will -become a_final order unless an administrative hearing is requested; f. advise what steps can be taken to remedy the violation(s). The notice shall be deemed to be properly served if it is served personally, or if a copy thereof is sent to the person by certified' mail,_ return_ receipt requested,` at his/her last known address. Section 8.3- Anyperson who shall be served a notice in connection _with the enforcement of any provision of this ordinance or rule promulgated pursuant thereto, may request a hearing thereon before the City Manager, or person designated by .him/her [hereinafter: thehearing officer], within seven .(7)'days . after service of the notice. Such hearing shall be held within a reasonable time thereafter. All parties concerned shall be notified in the manner, prescribed in this subsection of the time and place of the hearing, so that all parties have an opportunity to respond - and present evidence and arguments an the issues involved. Following the hearing, the hearing officer may affirm, modify, or reverse the city's determination, and 'issue a`final order in the matter. The hearing officer shall promptly notify all parties of the decision by personal service or certified mail, return receipt requested. Section 8.4 - All of the proceedings of the hearing, including notices and the decision and any order of the hearing officer, shall be entered in the office of the City Clerk as a matter of public record, and kept for at least two (2) years. SECTION IX. - RULES AND- .REGULATIONS. -- The director may make, amend,; revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to: - --(a) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof. (b) Weight and size limitations on bundles of solid waste too large for solid waste containers. (c) Sanitation, maintenance and replacement of solid waste containers. • (d) Schedules and routes for collection and transportation of solid waste by city personnel. (e) Collection points of solid waste containers. - Ordinance No. 75-2790 • • page:.? _ n, processing and disposal -of solidwast (f) Collection, transportatioe. • (q) Disposal facilities and the use thereof. (h) Storage of solid waste in solid waste containers. eceived at disposal facilities. (i) Records of quantity and type of wastes r (j) Handling of special wastes such as toxic wastes, sludges, ashes, s, etc. `. Lure, construction, bulky items, tires, automobiles, oils, greases, etc. (k) Special carry out service for the elderly and handicapped. solid waste resulting from the operation and (1) Collection of residential ling un maintenance ofmorethan four (4) dwel (m) Billing and collection of disposal service charges at the Iowa City Landfill. (n) Hours of operation for the Iowa City Landfill. A copy of any and all rules and regulations under the proall isionsi able hereof reoffsh be be filed in the Offall ice of the City Clerk of the city and ing normal business hours. public inspection dur SECTION X. LIEN FOR SOLID WASTE SERVICES PROVIDED: • makes a final determination that any person has violated a provision promulgated pursuant to this ordinance, it may withhold' o If the city of this ordinance, or any rule solid waste management services from the Pre desiresmises rnothto withholdeservices�for il e violation is corrected. Howeve=ovideif tthehe cservices, and', certify the, reasonable cost public health reasons,„it mayCounty P of these services to the County Auditor,'where lthis cost shall constitute a lien upon the premises served, to be collected in the same manner'as taxes. SECTION XI. PRDHIBITED PRACTICES• solid it shall-.beunlawfulfor any person to: (1) deposit solid waste in any: wn, without the written consent of the owner of such waste container other than his o container (2) interfere in any manner with solid waste collection and transportation equipment, ful performance of their duties. or with solid waste collectors in the law SECTION XII. PENALTIES -lawful Any person viany olating any of the provisions of this ordinance, oordinance, promulgated which have rules or regulations been adopted by. upon conviction, shall be punished by a fine of not less than five ds violation nor more than one hundred dollars ($100.00); provided that each day's violation - thereof shall be a separate offense for the purpose hereof. SECTION XIII. REPEALER ordinance No. 2291 and Ordinance No. 2286.2, (3.42.1 through 3.42.5, Nainicipal •and all other ordinances or parts of ordinances in conflict with this ordinance, CO),de are; hereby repealed. -.