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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