HomeMy WebLinkAbout1998-01-13 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 13~ day of January,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearings the Council will consider the
f~g~ll~wing items:
1. ~'An ordinance amending Title 14 of the City
~Code, Chapter 6, entitled 'Zoning,'
Article L entitled 'Provisional Uses and
Special Exceptions, ' to provide for
temporary use permits to allow short-term
activities, such as special events or
seasonal outdoor storage and sales.
2. An ordinance amending the building code
and Title 14 of the City Code, Chapter 6,
entitled 'Zoning,' Article B entitled
'Zoning Definitions' to change the
definition of GRADE.
Copies of the proposed ordinances are on file
for public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE
TITLE 14, CHAPTER 6, ENTITLED "ZONING
CHAPTER" ADDING PROVISIONS TO ALLOW
TEMPORARY USES.
WHEREAS, temporary principal and accessory
uses are increasingly in demand in our
community; and
WHEREAS, it is deemed lhat, with appropriate
performance criteria, temporary uses should be
allowed in all zones throughout the community;
and
WHEREAS, it is in the public interest to
encourage short-term activities through the use of
temporary use permits.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
SI=CTION 1. AMFNDMFNT. ArticJe L: City
Code 'l-rlie 14, Chapter 6, entitled 'Provisional
Uses and Special Exceptions' is hereby amended
as follows:
a. 'l-die of the Chapter is hereby amended to
read 'Provisional Uses, Special Exceptions, and
Temporary Uses."
b. A new section 14-6L-2 entified 'Temporary
Uses" as added as follows:
14-6L-2: TEMPORARY USES:
A. The following temporary principal and
accessory uses may be permitted, subject to the
issuance of a Temporary Use Permit:
1. Outdoor display and sales of merchandise
within commercial zones, including merchandise
customarily sold on the premises by a
permanently established business;
2. On- and off-site contractors' construction
yards in conjunction with an approved
development project;
3. Auto sales lots;
4. Christmas tree sale lots; however, a permit
shall not be required when such sales are in
conjunction with an established commercial
business, provided such activity shall only be held
from November 1st through December 31st. 5. Circuses, rodeos and camivals;
6. Fairs, festivals and concerts, when not held
wi~in premises designed to accommodate such
Ordinance No.
Page 2
events, such as auditoriums, stadiums, or olher
public assembly facil'tdes;
7. Parking areas in conjunction with a permitted
use;
8. Halloween haunted house for 15 to 30 days,
one event per year;,
9. Other temporan/ uses which, in the
determination of the building official are
compatible with the land use distinct and
surrounding land uses.
B. APPUCATION AND FEE
A completed application form and the required
fee shall be submitted to the Building ofrmial. The
building ofrmial may request other data, plans, and
inforrnation necessary to assess the potential
impacts of the proposed temporary use, to make
appropriate findings as contained in this chapter,
and to establish appropriate cond'~Jons for lhe
temporary use.
A Temporary Use Permit shall be approved,
modified, conditioned, or denied by the building
official within ten (10) working days after submittal
of a complete application.
C. FINDINGS
The building official may approve, or
cond'r'donally approve a Temporary Use Permit
application, only when all of the following findings
are made:
1. The site is physically suitable for the type and
intensity of the Temporary Land Use.
2. The proposed temporary use is compatible
with the land uses presently on the site and with
existing land uses in the general area;
3. There are adequate provisions for public and
private utilities and services to ensure that the
proposed temporary use would not be detrimental
to public health and safety;
4. Adequate provisions for public access to
serve lhe proposed temporary use are provided;
5. The impacts of the proposed temporary use
are m',~gated; and
6. Adequate provisions for emergency access
to serve lhe proposed temporary use are
provided.
D. CONDmONS OF APPROVAL
In approving an application for a Temporary
Use Permit, the building official may impose
conditions deemed reasonable and necessary to
ensure lhat Ihe permit will be in accordance with
the findings required by this Section and to satisfy
public needs directly caused by the proposed
temporary use. These conditions may involve any
pertinent factors affecting the operation of such
temporary event, or use, and may include but are
not limited to:
1. Provision for a fixed period of time, not to
exceed 180 calendar days for a temporary use
Ordinance No.
Page 3
not occupying a structure, including promotional
activities, or one year for all other uses or
structures, or for a shorter period of time as
determined by the Building Official;
2. Provision for temporary parking facilities,
including vehicular ingress and egress and
appropriate circulation;
3. Regulation of nuisance factors such as, but
not limited to, prevention of glare or direct
illumination on adjacent properties, noise,
vibration, smoke, dust. dirt, edom, gases, and
heat;
4. Regulation of temporary structures and
facilities, including placement, height and size,
location of equipment and open spaces, including
buffer areas and other yards;
5. Provision for sanitary and medical facil'(des;
6. Provision for solid, hazardous and toxic
waste collection and disposal;
7. Provision for security and safety measures;
8. Provision for regulation of signs;
9. Regulation of operating hours and days,
including limitation of the duration of lhe temporary
use, as outlined in Condition No. 1;
10. Submission of a performance bond or other
surety devices to ensure that any temporary
facilities or structures used will be removed from
the site within a reasonable time following the
event and that the property will be restored to its
former condition;
11. Submission of a site plan indicating any
information required by this Section.
12. A requirement that the approval of the
requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the
Federal, State and Mun'mipal Code;
13. Parking required for temporary and principal
commercial uses may be reduced up to ten
percent (10%); and
14. Any other conditions which will ensure the
operation of the proposed temporary use in an
orderly and efficient manner and in accordance
with the intent and purpose of this Chapter.
E. REVOCATION
A Temporary Use Permit may be revoked or
modified effective immediately upon written notice
of violation by the building official if any o~e of the
following findings can be made:
1. Circumstances have materially changed so
that one (1) or more of the required findings is no
longer present;
2. The Temporary Use Permit was obtained by
misrepresentation or fraud;
3. One (1) or more of the conditions of the
Temporary Use Permit have not b,."cn met; or
4. The use is in violation of any statute,
ordinance, law, or regulation.
Ordinance No.
Page 4
F.APPEALS:
Any decision of the building official on a
Temporary Use Permit Applicalion may be
appealed to the Board of Adjustment, which
appeal must be made within lhirty (30) calendar
days of Ihe action of lhe building official.
SECTION II. REPFALFR. All ordinances and
parts of ordinances in conflict with lhe provisions
of this Ordinance are hereby repealed.
SI=CTION III. SFV!=RABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or uncons 'tdutk:x~l, such
adjudication shall not affect the validity of lhe
Ordinance as a whole or any section, provision or
part lhereof not adjudged invalid or
unconstitutional.
SFCTION IV. FFFFCTIV!= DATF. This
Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,19
MAYOR
ATI'EST:
CITY CLERK
CITY OF IOWA CITY
MEMORANDUM
To~
From:
Date:
Re:
Planning & Zoning Commis ~o~~ I~-~~
November 26, 1997
Tem~r~ Use Petit
Enclosed in your packet is a revised temporary use permit ordinance. The revisions are minimal in nature and
highlighted for your review. I checked ~vhether or not circuses and rodeos are prohibited and found that these events
are allo~ved in iowa City.
TEMPORARY USE PERMIT
PURPOSE
The Temporary Use Permit allows for short-term U'/i:'/~iiiaii~:ilactivities which may be appropriate
when regulated.
TEMPORARY USES
The following temporary principal and accessory uses may be permitted, subject to the
issuance of a Temporary Use Permit:
1. Outdoor display and sales of merchandise within commercial zones, including
merchandise customadly sold on the premises by a permanently established business;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
3. Auto sales lots;
4. Christmas tree sale lots; however, a permit shall not be required when such sales are
in conjunction with an established commercial business, provided such activity shall only
be held from November 1st through December 31st.
5. Circuses, rodeos and camivals;
6. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums, stadiums, or other public assembly facilities;
7. Parking areas in conjunction with a permitted use;
8. Halloween haunted house for 15 to 30 days, one event per year;,
9. Other temporary uses which, in the determination of the building official are
compatible with the land use district and surrounding land uses.
APPLICATION AND FEE
A completed application form and the required fee shall be submitted to the C!b./ B~..k!~[.~
~' i~!- The building official may request other data, plans, and information necessary to
assess the potential impacts of the proposed temporary use=., make aPPt0Pdate findings as
': i~..:11~:. ~'~!.'th~ ::'.-cha:'p"~,i:.~:.:a~ :.toi'..'"-~b¥~h!' appropriate conditions for the temporary use.
A Temporary Use Permit shall be approved, modified, conditioned, or denied by the building
official within ten (10) working days after submittal of a complete application.
2
FINDINGS
The building official may approve, or conditionally approve a Temporary Use Permit application,
only when all of the following findings are made:
1. The site is physically suitable for the type and intensity of the Temporary Land Use.
2. The proposed 'te'."'/ii~~~.use is compatible with the land uses presently on the site and
with existing land uses in the general area=.;
3. There are adequate provisions for public and private utilities and services to ensure that
the proposed . ~.~.~~ use would not be detrimental to public health and safety.~;
4. Thoro will bo aAdequate provisions for public access to serve the proposed
5. The nogativo impacts of the proposed ..... -':'~'~?iiuse are being mitigated~'i'i'~:'d
6. Thoro 3ro ..~dequate provisions for emergency access.~i~:'~'"'~i~'~i!..~.:~ii'-';:.
CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the building official may impose
conditions deemed .'i"i~""_:. :~.'i~ii:ii'~i'8:11~ necessary to ensure that the permit will be in accordance
with the findings required by this Section and to sa'l~fy:pu!~lic.ne~ls d~i.'~tlY caused.by:the
:"~:6':'?"~i~i:~!i~""'"'"'~;i:ii"i:i'"~. These conditions may involve any pertinent factors affecting the
operation of such temporary event, or use, and may include but are not limited to.'
1. Provision for a fixed period of time not to exceed 180 days for a temporary use nct
occupying a structure, including promotional activities, or one year for all other uses or
structures, or for a shorter period of time as determined by the Building Official~;~.
2. Provision for temporary parking facilities, including vehicular ingress and egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and
heat;
4. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
5. Provision for sanitary and medical facilities;
6. Provision for solid, hazardous and toxic waste collection and disposal;
7. Provision for secudty and safety measures;
8. Provision forlrRegulation of signs;
3
Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. 1;
10.
Submission of a performance bond or other surety devices to ensure that any temporary
facilities or structures used will be removed from the site within a reasonable time
following the event and that the property will be restored to its former condition;
11. Submission of a site plan indicating any information required by this Section.
12.
A requirement that the approval of the requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the Federal, State and Municipal Code;
13.
Parking required for temporary and principal commercial uses may be reduced up to ten
percent (10%); and
14.
Any other conditions which will ensure the operation of the proposed temporary use in
an orderly and efficient manner and in accordance with the intent and purpose of this
Chapter.
REVOCATION
A Temporary Use Permit may be revoked or modified effective immediately upon wdtten notice
of violation by the building official if any one of the following findings can be made:
That circumstances have i.11~::'.'~"at.~:ichanged so that one (1) or more of the findings of
fact "..~,~,", iS no longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
That one (1) or mere of the conditions of the Temporary Use Permit have not been met;
~nd '.'.~
4. That the use is in violation of any statute, ordinance, law, or regulation.
APPEALS:
Any decision of the building official may be appealed to the Board of Adjustment=-!i;i;11'i~;i!~!
appeal must be made 'within 30 days. of the action of the building official.
City of Iowa City
MEMORANDUM
Date: November 12, 1997 ~\ '..~~
To: The Planning & Zoning Commission ~'.~ ~,/~...~ '~ ~--~
From: Douglas Boothroy, Director of Housing-ln~ti(~n Ser~ces ~ ~
Re: Proposed Temporary Use Ordinance "~ . _~_
I am requesting your consideration of a zoning code anendment to provid~ the flexibility of
permitting temporary uses for shod-term special events. Under the current zoning code, cdteria
for establishing temporary uses does not exist and many temporary uses are not allowed. The
temporary use permit recognizes a growing need within the community to have and encourage
shod-term activities which allow businesses to promote themselves through special events (i.e.
temporary uses).
In recent years, there has been a growth of temporary use activities and requests to authorize
those types of activities. Many of the larger temporary uses are being located in existing
commercial areas (e.g. auto sales, events at K-Mad, garden centers at Fleetway and HyVee,
etc.) and are done so without review for compliance with standards for parking, screening,
signage, utility hookups, etc. Some of these uses, such as the off-premise auto sales activities,
are not permitted unless by special exception which is a lengthy and awkward process to follow
in establishing a shod term activity. The dilemma for staff has been how to accommodate
businesses wishing to promote shod-term events when code authority does not exist.
The proposed ordinance eliminates ad hoc decisions, confusion, and potential problems
associated with a temporary use. The ordinance defines uses that may be established as
temporary, requires the building official to make specific findings concerning compatibility and
suitability of the use, requires negative impacts of the proposed use to be resolved before it is
established, ensures adequate provision for public health and safety, and allows attachment of
performance conditions with permit approval. All decisions of the building official may be
appealed to the Board of Adjustment. The standards are intended to ensure that temporary
uses are legal, good neighbors, and that in fact, only temporary uses.
Thank you for your consideration of this matter.
Im'vnem~lbl O-30.doc
TEMPORARY USE PERMIT
PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate when
regulated.
TEMPORARY USES
The following temporary principal and accessory uses may be permitted, subject to the issuance
of a Temporary Use Permit:
1. Outdoor display and sales of merchandise within commercial zones, including
merchandise customadly sold on the premises by a permanently established business;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
3. Auto sales lots;
4. Christmas tree sale lots; however, a permit shall not be required when such sales are in
conjunction with an established commercial business, provided such activity shall only be
held from November 1st through December 31st.
5. Circuses, rodeos and carnivals;
6. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums, stadiums, or other public assembly facilities;
7. Parking areas in conjunction with a permitted use;
8. Halloween haunted house for 15 to 30 days, one event per year;,
9. Other temporary uses which, in the determination of the building official are
compatible with the land use district and surrounding land uses.
APPLICATION AND FEE
^ completed application form and the required fee shall be submitted to the City. The building
official may request other data, plans, and information necessary to assess the potential impacts
of the proposed temporary use.
A Temporary Use Permit shall be approved, modified, conditioned, or denied by the building
offidal within ten (10) working days after submittal of a complete application.
-2-
FINDINGS
The building official may approve, or conditionally approve a Temporary Use Permit application,
only when all of the following findings are made:
1. The site is physically suitable for the type and intensity of the Temporary Land Use.
2. The proposed use is compatible with the land uses presently on the site and with
existing land uses in the general area.
3. There are adequate provisions for public and private utilities and services to ensure that
the proposed use would not be detrimental to public health and safety.
4. There will be adequate provisions for public access to serve the proposed use.
5. The negative impacts of the proposed use are being mitigated.
6. There are adequate provisions for emergency access.
CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the building official may impose
conditions deemed necessary to ensure that the permit will be in accordance with the findings
required by this Section. These conditions may involve any pertinent factors affecting the
operation of such temporary event, or use, and may include but are not limited to:
1. Provision for a fixed pedod of time not to exceed 180 days for a temporary use not
occupying a structure, including promotional activities, or one year for all other uses or
structures, or for a shorter pedod of time as determined by the Building Official.
2. Provision for temporary parking facilities, including vehicular ingress and egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and
heat;
Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
Provision for sanitary and medical facilities;
Provision for solid, hazardous and toxic waste collection and disposal;
Provision for secudty and safety measures;
Regulation of signs;
Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. 1;
7.
8.
9.
3
10.
Submission of a performance bond or other surety devices to ensure that any temporary
facilities or structures used will be removed from the site within a reasonable time
following the event and that the property will be restored to its former condition;
11. Submission of a site plan indicating any information required by this Section.
12.
A requirement that the approval of the requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the Federal, State and Municipal Code;
13.
Parking required for temporary and principal commercial uses may be reduced up to ten
percent (10%); and
14.
Any other conditions which will ensure the operation of the proposed temporary use in
an ordedy and efficient manner and in accordance with the intent and purpose of this
Chapter.
REVOCATION
A Temporary Use Permit may be revoked or modified effective immediately upon verbal or
written notice of violation by the building official if any one of the following findings can be
made:
That circumstances have changed so that one (1) or more of the findings of fact can no
longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
That one (1) or more of the conditions of the Temporary Use Permit have not been met;
and
4. That the use is in violation of any statute, ordinance, law, or regulation.
APPEALS:
Any decision of the building official may be appealed to the Board of Adjustment.
hisadmin\temlxJ se. prat
NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 13m day of January,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearings the Council will consider the
following items:
1. An ordinance amending Title 14 of the City
Code, Chapter 6, entitled 'Zoning,'
Article L entitled 'Provisional Uses and
Special Exceptions,' to provide for
temporary use permits to allow short-term
acti~/ities, such as special events or
i/~,seasonal outdoor storage and sales.
· .' 2./An ordinance amending the building code
~ and Title 14 of the City Code, Chapter 6,
entitled 'Zoning,' Article B entitled
'Zoning Definitions' to change the
definition of GRADE.
Copies of the proposed ordinances are on file
for public examination in the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by:. Ron Boose, Sr. Bldg. Inspector 410
E. Washington Street, Iowa City, IA 52240; 319-
356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 5, ARTICLE A, ENTITLED
"BUILDING CODE" AND TITLE 14, CHAPTER
6, ARTICLE B, ENTITLED "ZONING
DERNITIONS" TO AMEND THE DERNITION
OF "GRADE".
WHEREAS, the Iowa City Board of
Adjustment, Board of Appeals, and Planning and
Zoning Commission have expressed concern
regarding a local practice of constructing berms
and retaining walls to raise the defined grade
around a structure; and
WHEREAS, this practice can result in taller
structures than would otherwise be allowed by the
building code or zoning ordinance; and
WHEREAS, the Iowa City Board of Appeals
and Planning and Zoning Commission have
recommended the adoption of this ordinance to
cease this practice.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. TdJe 14, Chapter 5,
Article A, entitled "Building Code," Section 3,
entitled 'Amendments to Code" be hereby
amended by adding the following to Section 208
therein:
Delete the defJn'~ion of grade in Section 208
and insert in lieu thereof the following:
GRADE (Adjacent Ground Elevation) is
the lowest point of elevation of the finished
surface of the ground, paving or sidewalk
within the area between the building and the
property line or when the property line is
more than five feet from the building,
between the building and a line five feet from
the building. When the finished surface of'
the ground has been raised by adding fill to
create a higher grade around a building for
determining the building height or number of
stories, the slope of the fill within 20 feet of
the building shall not exceed four horizontal
to one vertical (4:1) or twenty-five percent
(25%).
SECTION II. AMENDMENT. Title 14, Chapter
6, Article B, entitled 'Zoning Defin'dions," Section
2, entitled "Defin'~ions" be hareby amended by
deleting the defin'~ion of 'Grade" therein and
Ordinance No.
Page 2
inserting a new definition of "Grade' to read as
follows:
GRADE (Adjacent Ground Elevation) is
the lowest point of elevation of the finished
surface of the ground, paving or sidewalk
within the area between the building and the
property line or when the property line is
more than five feet from the building,
between the building and a line five feet from
the building. When the finished surface of
the ground has been raised by adding fill to
create a higher grade around a building for
determining the building height or number of
stories, the slope of the fill within 20 feet of
the building shall not exceed four horizontal
to one vertical (4:1) or twenty-five parcent
(25%).
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance am hereby repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or uncons 'l]tution~, such
adjudication shall not affect the validity of !he
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconsti-
tutional.
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
,1998o
MAYOR
ACrEST:
CITY CLERK
City Attorney's Olfice
hisbldg/ord/grade.doc
CITY OF I0 W,'I CITY
MEMORANDUM
Date: December 11, 1997
To: The Iowa City Planning and Zoning Commission
From: Ron Boose, Senior Building Inspector .~-!-'~
Re: Proposed amendment to the definition of grade
This item was discussed at your meetings of July 19 and August 7, 1997. The
motion for approval failed on a 3-3 vote (Shive absent) and the ordinance was
just recently forwarded to City Council to set a public hearing for January 13,
1998. Another building project will soon be under way which further
demonstrates the need for this amendment. In the present case the imported fill
is being used to raise the defined grade around the building in order transform
the building from a three story to a two story building and thus remove many
building code requirements which pertain to three story buildings. This project
could most likely not move forward without this obvious circumvention of the
codes.
Although this particular incident pertains to grade in determining the number of
stories in a building rather than the height of a building, the two issues are quite
often intertwined. The definition of grade is identical in the building code and
zoning ordinance and it is in the publics' best interest to keep them the same.
The Board of Appeals has recommended approval of an amendment to the
definition of grade in the Building Code however, the language in that
amendment was not identical to the current proposal so they will be
reconsidering this item at their meeting of January 5, 1998. Once again, I would
like to move these items forward simultaneously to reduce the confusion of
differing definitions of the same term in different city documents.
The proposed definition follows with changes underlined and italicized.
GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the
building and the property line or, when the property line is more than 5 feet from
the building, between the building and a line 5 feet from the building. When the
finished surface of the ground is raised by adding fill to create a higher grade
around a building for determining the building height or number of stories. the
slope of the fill shall not exceed four horizontal to one vertical (4:1)or twenty five
percent (25%) within 20 feet of the building.
I will not be able to attend your meetings of December 15 and 18 however, Doug
Boothroy, Director of Housing and Inspection Services, and Bob Carlson, Chair
of the Board of Appeals, will be in attendance at your informal meeting of
December 15 to answer questions.
MEMORANDUM
Date:
To:
From:
Re:
August 1, 1997
The Planning & Zoning Commission
Ron Boose, Senior Building Inspector -~'~
Proposed amendment to the definition of grade
Staff has reviewed the commissioners comments regarding this proposed
amendment and attempted to incorporate them into the definition. The resulting
definition was rather lengthy and confusing. In view of recent discussions
between the Home Builders Association and the city regarding simplification of
regulations, we decided to revise and simplify the proposed definition in hopes of
clarifying the intent for everyone involved. Staff believes that the following
definition will clearly convey the intent of limiting building heights to the
development community and that the intent will be enforceable through the court
system if challenged.
GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the
building and the property line or, when the property line is more than 5 feet from
the building, between the building and a line 5 feet from the building. When the
finished surface of the ground is raised by adding fill to create a higher grade
around a building. the slope of the fill shall not exceed four horizontal to one
vertical (4:1)or twenty five percent (25%) within 10 feet of the building.
CITY OF I0 W/I CITY
MEMORANDUM
Date:
To:
From:
Re:
June 13, 1997
The Planning & Zoning Commission
Ron Boose, Senior Building Inspector~:::~
Proposed amendment to the definition of grade
Over the last four years at least three new buildings have been constructed in
Iowa City using fill retained by a wall to raise the grade around the building
thereby increasing the allowable height of the building. The Board of Appeals
and the Board of Adjustments have both directed staff to explore amending the
definition of grade to end this practice. The current definition of grade is
consistent between the building code and the zoning ordinance and the Board of
Appeals has approved the proposed amendment to the building code. Staff
would like to keep the definition of grade consistent between the two codes and
bring both amendments forward to City Council at approximately the same time.
I have included a page out of the Handbook to the Uniform Building Code which
provides some explanation of the current definition along with some diagrams. I
intend to have pictures of the Iowa City buildings which have used this practice
at your meeting Monday night.
The proposed definition retains the current definition in the first sentence but
adds a sentence designed to severely limit the practice of importing fill to raise
grade. The added language is italicized and underlined.
GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the
building and the property line or, when the property line is more than 5 feet from
the building, between the building and a line 5 feet from the building. When the
finished surface of the ground is artificially raised with fill to create a higher grade
around a building. the fill shaft not be retained by a waft and the slope of the fill
shaft not exceed four horizontal to one vertical (4:1)or twenty five percent (25%)
within 10 feet of the building.
SECTION 208 -- G
GRADE (Adjacent Ground Elevation). The code indicates
that grade is the lowest point of elevation of the finished surface
of the ground within an area between the building and property
line or where the property line is more than 5 feet (1524 ram)
from the building between the building and a line 5 feet (1524
mm) from the building.
This definition is important in determining the number of sto-
ries within a building as well as its height in feet. In some cases
the finished surface of the ground may be artificially raised with
imported fill to create a higher grade around a building so as to
decrease the number of stories or height in feet. The code does
not prohibit this practice, and as long as a building meets the
code definition and restrictions for height or number of stories.
the intent of the code is met. See Figure 208-1.
SECTION ~ -- H
FIEIGHT OF BUILDLNG. The critical feature in the defini-
tion of height of building is the case where the building is on a
sloping site. In the case of a sloping site. the height of the build-
ing is measured as depicted in Figure 209-1.
W"here the building is stepped or terraced. the code intends
that the height of such building is the maximum height of any
segment of the building. It may be appropriate under certain cir-
cumstances that the number of stories in a building be deter-
mined in the same manner. Because of the varying requirements
of the code which are related to the number of stories. such as
exiting, fire resistance of construction. shaft enclosures. etc..
each case should be judged individually based on the character-
istics of the site and construction. In addition to those factors
which are related to the number of stories. other items to consid-
For S!: I foot = 304.8 nun.
5 (7' MIN
OR PL IF CLOSER
/"-" 5' O' MIN.
~'· ~ OR PL IF CLOSER
FINISH GRADE
ORIGINAL GROUND SURFACE ~ -'"'--' ~ ~
USE OF BUILT-UP SOIL TO RAISE FINISH GRADE
Figure 208-1
ForSl: 11oo[=304~nun
T
LESSTHAN10~'
CASE I
CASE II
DETERMINATION OF BUILDING HEIGHT IN FEET (mm)
figure 209-1
NOTICE OF PUBUC HEARING ON PLANS,
SPECIFICATIONS. FORM OF CONTRACT
AND ESTIMATED COST FOR
CAPTAIN IRISH PARKWAY
PHASE 1 IMPROVEMENTS PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CiTY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Pubic norco is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the constructin of the
Captain Irish Parkway Phase 1 Improvements
Project in said City at 7:00 p.m. on the 13th
dayof Januarv ,1998, said meeting to be heid
in the Coum:i Chambers in the Civic Center in said
City.
Said plans, specificatins, form of contract and
estimated cost are now on file in the office of the
Cib/Clerk in Itm C, ivic Centre'in Iowa City, low-a, and
may be inspected by any interested pemons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objectins to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Counca of
the City of Iowa City, Iowa and as provided by law.
MARIAN K. KARR, CITY CLERK
PH-1