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HomeMy WebLinkAbout1996-09-10 OrdinancePrepared by Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA ,62240; 319/356-5251 ORDINANCE NO, 96-3744 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE K, ENTITLED "ENVIRONMENTAL REGULATIONS," SECTION 1, ENTITLED "SENSITIVE AREAS ORDINANCE." WHEREAS, in December 1995, the City Council adopted a Sensitive Areas Ordinance to implement the environmental policies set forth in the Iowa City Comprehensive Plan; and WHEREAS, experience with implementing the Sensitive Areas Ordinance has revealed the need to clarify and streamline certain provisions of the ordinance; and WHEREAS, the proposed amendments to the Sensitive Areas Ordinance are intended to make the ordinance more practical to implement and easier to understand, and place a higher reliance on administrative review of development projects in environmentally sensitive areas; and WHEREAS, the Sensitive Areas Committee recommended the proposed amendments to the Planning and Zoning Commission and the Riverfront and Natural Areas Commission, and those Commissions have reviewed the proposed amendments to the Sensitive Areas Ordinance and have recommended adoption of said amendments to improve the implementation of the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Chapter 6, entitled "Zoning Chapter," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive Areas Ordinance No. 96-3744 Page 2 Ordinance," is hereby amended as follows: A. Amend su bsection 14-6K- 1 B, entitled "Definitions," by: 1) repealing the definition of "ARCHAEOLOGICAL SITE, SIGNIFICANT" in its entirety and adding a new definition of "ARCHAEOLOGICAL SITE, SIGNIFICANT" to read as follows: ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or historic significance that is considered by the State Historic Preservation Office to be eligible for the National Register of Historic Places. 2) repealing the definition of "CONSTRUCTION AREA" in its entirety and adding a new definition of "CONSTRUCTION AREA" as follows: CONSTRUCTION AREA: The portion of a parcel of land where development activity, including the temporary storage of heavy equipment, and other improvements may take place and be located. 3) adding a definition of "HISTORIC OBJECT" as follows: HISTORIC OBJECT: An artifact greater than 100 years of age. 4) repealing the definition of "SLOPE" in its entirety and adding a new definition of "SLOPE" as follows: SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical rise of at least 10 feet, and which is not otherwise approved by the City, such as City approval of a Grading Plan, prior to December 13, 1995. 5) adding a definition of "SLOPES, REGULATED" as follows: SLOPES, REGULATED: Slopes defined herein as steep (18-24%), critical (25-39%), and protected (40% + ). B. Amend subsection 14-6K-1C, entitled Ordinance No. 96-3744 Page 3 "Applicability," by: 1) repealing subsection 14-6K-1Cla2 in its entirety and adding a new subsection 14-6K-1C1a2 as follows: 2) Woodlands two (2) acres in size or greater, located on sites containing critical slopes or stream corridors, 2) repealing subsection 14-6K-1C2a6 in its entirety and adding a new subsection 14-6K-1C2a6 as follows: 6) Woodlands two (2) acres in size or greater, where no other sensitive features requiring a Sensitive Areas Overlay rezoning are present, and where no critical slopes or stream corridors exist on the site 3) repealing subsection 14-6K-1C3a6 in its entirety and adding e new subsection 14-6K-1C3a6 as follows: Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survev of Johnson County, Iowa. 4) repealing the last sentence of subsection 14~6K-1C3b in its entirety and adding a new last sentence of subsection 1 4-6K-1C3b as follows: If the property is exempt, the applicant shall first apply for and obtain approval of the exemption from the City before development activity occurs. Amend subsection 14-6K-1D, entitled "Exemptions," by adding a new subsection 14-6-1D6 as follows: Activities that disturb less than one acre of a wetland provided that such activities are approved by the U.S. Army Corps of Engineers through a Ordinance No, 96-3744 Page 4 nationwide permit. D. Amend subsection 14-6K-IF, entitled "Submittal Requirements," by: 1) repealing subsection 14-6K- 1 F1 e in its entirety and adding a new subsection 14-6K-1F1e as follows: e. Other data and information as may reasonably be required by the City, including requiring the delineation of a construction area on the plan as well as the location of fencing to protect sensitive features during construction. 2) repealing the introductory sentence of subsection 14-6K- 1F2 and adding a new introductory sentence of subsection 14-6K-IF2 as follows: 2. Sensitive Areas Development Plan: Submittal information for a Sensitive Areas Development Plan, which accompanies a Sensitive Areas Overlay rezoning, shall include: E. Amend subsection 14-6K-1G, entitled "Wetlands," by: 1) repealing subsection 14-6K-1G3a1 in its entirety and adding a new subsection 14-6K-1G3a1 as follows: 1) Prior to any development activity occurring on a site containing a potential wetland as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas Overlay rezoning application and a Ordinance No. 96-3744 Page 5 Sensitive Areas Development Plan, or a Sensitive Areas Site Plan, for City review, 2) repealing subsection 14-6K-1G3a2 in its entirety and adding a new subsection 14-6K-1G3a2 as follows: 2) If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or potential wetland area(s) on the site, the requirement for delineation by a wetland specialist or the Corps may be waived by the City. In the case of a waiver, the property owner shall grant an easement running in favor of the City, an approved conservation group or other organization for the purpose of retaining the wetland and the surrounding one hundred fifty foot (150') protection area as undeveloped natural open space, and the owner shall then be allowed to follow the procedures for a Sensitive Areas Site Plan as set forth in this Section, provided the wetland is the only sensitive feature triggering a Sensitive Areas Overlay rezoning and a Sensitive Areas Development Plan. 3) repealing the first sentence of the introductory paragraph of subsection 14-6K-1G3b and adding a new first sentence of the introductory paragraph of subsection 14-6K-1G3b as follows: b. Wetland Buffer Requirements: A one hundred foot (100'), undisturbed, natural buffer shall be maintained between any development activity and a Ordinance No. 96-3744 Page 6 "wetland(s)" as defined in the Sensitive Areas Ordinance, unless said development activity is exempted under subsection 14-6K-1 D, entitled "Exemptions." 4) repealing subsection 14-6K-1G3c1 in its entirety and adding a new subsection 14-6K-1G3cl as follows: 1) No grading, dredging, clearing, filling, draining, or other development activity shall occur within a delineated wetland or required buffer area, unless said activity is part of a mitigation plan as approved under subsection 14- 6K-1G4, entitled "Wetland Mitigation," or is a permitted use, such as a trail, allowed under the provisions of subsection 14-6K-1E, entitled "Uses Permitted within Protected Sensitive Areas and Buffers." 5) repealing the second sentence of subsection 14-6K-1G3c3 and adding a new second sentence to subsection 14-6K-1G3c3 as follows: The partial treatment of storm water runoff through the use or combined use of constructed wetlands, detention basins, vegetative filter strips, sediment traps or other means before the storm water runoff reaches a wetland will be considered as part of a mitigation plan as provided in subsection 14-6K-1G4, entitled "Wetland Mitigation." 6) repealing subsection 14-6K-1G3c6 in its entirety and adding a new subsection 14-6K-1G3c6 as follows: 6) The removal of foreign or invasive species, including Ordinance No. 96-3744 Page 7 intrusive native varieties, within a wetland or buffer area may be permitted when approved as part of a mitigation plan as provided under subsection 1 4-6K-1G4, entitled "Wetland Mitigation." 7) repealing the first sentence of the introductory paragraph of subsection 14-6K-1G4, entitled "Wetland Mitigation," and adding a new first sentence of the introductory paragraph of subsection 14-6K-1G4 as follows: Wetland Mitigation: A Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan or Sensitive Areas Site Plan for property containing a wetland, as defined in the Sensitive Areas Ordinance, shall include a mitigation plan showing that all regulations contained in subsection 1 4-6K- 1G3, entitled "Wetland Regulations," will be met. 8) repealing the introductory sentence of subsection 14-6K-1G4a and adding a new introductory sentence of subsection 14-6K-1G4a as follows: a. In addition to the submittal requirements contained in subsection 14-6K-1 F, entitled "Submittal Requirements," a wetland mitigation plan shall include the following information: 9) repealing subsection 14-6K-1G4a4 in its entirety and adding a new subsection 14-6K-1G4a4 as follows: 4) Information {egarding the characteristics of the wetland necessary to determine the allowable buffer reduction as provided in subsection 14-6K- 1G3b, entitled "Wetland Buffer Requirements," if a reduction Ordinance No. 96-3744 Page 8 is requested. 1 O) repealing subsection 14-6K-1G4a5 in its entirety and adding a new subsection 14-6K-1G4a5 as follows: 5) A storm water management plan indicating that the requirements of Section 14- 3G, entitled "Storm Water Collection, Discharge and Runoff," and subsection 14- 6K-1G3c3, which is listed under "Design Standards" and addresses storm water runoff and sedimentation, will be met. 11 ) repealing the introductory sentence of subsection 14-6K- 1G462 and adding a new introductory sentence of subsection 14-6K-1G4b2 as follows: 2) The replacement ratio of comparable habitat replaced to habitat lost shall be at least 2:1 for wetlands not meeting the criteria listed in subsection 14-6K-1G4bl above, but containing: 12) repealing the introductory paragraph of subsection 14- 6K-1G4c and adding a new introductory paragraph of subsection 14-6K-1G4c as follows: c. Where compensatory mitigation is proposed, the mitigation plan specified in subsection 14-6K-1G4, entitled "Wetland Mitigation," must be prepared by a wetland specialist. A compensatory mitigation plan must include the following components: F. Amend subsection 14-6K-1H, entitled Ordinance No. 96-3744 Page 9 "Stream Corridors," by: 1) repealing subsection 14-6K-1H2 in its entirety and adding a new subsection 14-6K-1H2 as follows: 2. Stream Corridor Regulation by Other Agencies: The approval of a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan or a Sensitive Areas Site Plan shall be in addition to the applicant's need to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits. 2) repealing subsection 14-6K-1H3 in its entirety and adding a new subsection 14-6K-1H3 as follows: 3. Stream Corridor Regulations: Any property located adjacent to the Iowa River or another stream corridor in Iowa City will be required to submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions," or is considered under a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan review required for another sensitive feature on the site. 3) repealing the introductory paragraph of subsection 14-6K-1H4a and adding a new introductory paragraph of subsection 14-6K- 1H4a as follows: a. Unless exempt under subsection 14-6K-1 D, entitled Exemptions," the following buffer requirements will be maintained; when other sensitive features are located Ordinance No. 96-3744 Page 10 within a stream corridor, the most stringent required protective buffer will apply. G. Amend subsection 14-6K-11, entitled "Steep Slopes," by: 1) repealing the title of subsection 14- 6K-11 and adding a new title of subsection 14-6K-11 as follows: I. Regulated Slopes 2) repealing subsection 14-6K-112a in its entirety and adding a new subsection 14-6K-112a as follows: a. Steep Slopes ~. Any property containing steep slopes (18- 24%) shall be required to submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." The Sensitive Areas Site Plan must conform with the design standards for regulated slopes specified in subsection t4-6K- 114. 3) repealing subsection 14-6K-112b in its entirety and adding a new subsection 14-6K-112b as follows; b. Critical slopes - Any property containing critical slopes (25- 39%) shall be required to submit a Sensitive Areas rezoning application, Sensitive Areas Development Plan and a Grading Plan, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." The Sensitive Areas Development Plan must conform with the design standards for regulated slopes specified in subsection 14-6K- 114, and the Grading Plan must conform with the requirements of the Grading Ordinance. 4) repealing the first and second sentence of subsection 1 4-6K-112c Ordinance No. 96-3744 Page 11 5) 6) and adding a new first and second sentence of subsection 14-6K-112c as follows: Protected Slopes - Any area designated as a natural protected slope (40%+) shall not be graded and must remain in its existing state, except that natural vegetation may be supplemented by other plant material. Any such property shall be required to submit a Sensitive Areas Overlay rezoning application, Sensitive Areas Development Plan and a Grading Plan, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." adding a new subsection 14-6K- 112d as follows: d. If a property owner certifies that no development activity will occur within 50 feet of a protected slope on the site and/or no development activity will encroach into a critical slope on the site, and will not impact those slopes, the City may waive the requirement of a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan, and allow the property owner to follow the administrative review procedures for a Sensitive Areas Site Plan, provided no other sensitive features on the site require a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan. repealing the last sentence of subsection 14-6K-113 and adding a new last sentence of subsection 14- 6K-113 as follows: If a geologist or professional engineer can demonstrate to the Ordinance No, 96-3744 Page 1 2 7) satisfaction of the City that a development activity can be designed to eliminate hazards, the buffer requirements may be reduced. repealing the introductory paragraph and subsections a and b of subsection 1446K-114 and adding a new introductory paragraph and subsections a and b of subsection 14-6K-114 as follows: 4. Design Standards for Regulated Slopes: The following standards shall be addressed when either a Sensitive Areas Site Plan or a Sensitive Areas Overly rezoning/Sensitive Areas Development Plan for property containing regulated slopes is submitted: a.Except for commercially or industrially-zoned properties, every lot or parcel containing protected slopes shall have a construction area equal to at least forty percent (40%) of the minimum lot size required by the zone in which it is located. [For example, the construction area would be a minimum of 3,200 square feet for a lot in the RS-5 zone, where a minimum 8,000 square foot lot is required.] b. Except for driveways and utilities installation, no grading or excavation shall be allowed outside the construction area on lots containing protected slopes. Grading and excavation shall be minimized on steep and Ordinance No. 96-3744 Page 1 3 critical slopes. H. Amend subsection 1 4-6K- 1 J, entitled "Wooded Areas," by: 1) repealing subsection 14-6K-1J2 in its entirety and adding a new subsection 14-6K-1J2 as follows: 2. Woodland/Grove Regulations: a. Any property containing a woodland located on sites containing critical slopes or stream corridors will be required to submit a Sensitive Areas Overlay rezoning application and a Sensitive Areas Development Plan, prior to woodland clearing or commencing any development activity, unless said property qualifies for an exemption under subsection 14-6K- 1D , e nt it I e d "Exemptions." Any property containing a woodland, but not otherwise required to have a Sensitive Areas O v e r I a y rezoning/Sensitive Areas Development Plan, will be required to submit a Sensitive Areas Site Plan prior to woodland clearing or commencing any development activity, unless said property qualifies for an exemption under subsection 14-6K- I D , e nt it I e d "Exemptions." Site plans, grading plans and subdivision plats for any property containing a grove of trees shall illustrate the grove on the plan or plat prior to commencement of any Ordinance No. 96-3744 Page 14 2) development activity, and will take measures to protect and retain as much of the grove as practicable, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." d. If the property owner certifies that no development activity will occur within fifty feet (50') of the trunks of the trees at the perimeter of a woodland, the requirements of subsection a. above for a Sensitive Areas Overlay rezoninglSensitive Areas Development Plan may be waived. The woodland and a fifty foot (50') protection area shall be preserved as public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. Prior to and during construction or grading on the site, a fence will be erected and maintained by the developer along the outside perimeter of the woodland buffer area to protect the woodland from development activities. repealing the introductory sentence of subsection 14-6K-1J4 and adding a new introductory sentence of subsection 14-6K-1J4 as follows: Design Standards for Woodland Retention: The following standards should be addressed when either a Ordinance No, 96-3744 Page 15 Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan is submitted: 3) repealing subsection 14-6K-1J4a and adding a new subsection 14- 6K-1J4a as follows: a. To the extent possible, woodlands located on steep and/or critical slopes and/or within 100-year flood plains should be given the highest retention priority when meeting the requirements of subsection 14-6K-1J3, entitled "Woodland Retention and Replacement Requirements." I. Amend subsection 14-6K-1K, entitled "Fully Hydric Soils," by: 1) repealing subsection 14-6K~1K2 in its entirety and adding a new subsection 14-6K-1K2 as follows: 2. Regulations: a. If fully hydric soils exist on a property where development activity is proposed, the property owner shall have a wetlands specialist verify whether wetlands exist on the site. If wetlands are found to exist on the site, compliance with the wetlands provisions of the Sensitive Areas Ordinance (Section 14- 6K-1) will be required. b. More stringent construction safeguards, as specified by the City, will be required for streets and storm water management facilities located in fully hydric soils. Sump pump discharge tiles and elevations of window openings may also be Ordinance No. 96-3744 Page 1 6 regulated, as specified by the City. c. Properties containing fully hydric soils, but not otherwise requiring a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan, will require a Sensitive Areas Site Plan review. d. Fully hydric soils, in and of themselves, will not be deemed sufficient to require a Sensitive Areas Overlay rezoning. 2) repealing subsection 14-eK-1K3 in its entirety and adding a new subsection 14-6K-1 K3 as follows: 3. Design Standards: To the extent possible, urban development projects will be designed so that areas of fully hydric soils will be treated as an environmental asset; used for storm water detention, wetland enhancement or buffers, protective greenbelts along stream corridors and neighborhood open space. J. Amend subsection 14-6K-1L, entitled "Prairie Remnants," by repealing subsection 14-eK-1L2c and adding a new subsection 14-6K-1L2c as follows: c, Properties containing prairie remnants one acre in size or large[, but not otherwise requiring a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan, will require a Sensitive Areas Site Plan review. K. Amend subsection 14-6K-1M, entitled "Archaeological Sites," by: 1) repealing subsection 14-6K- 1M lb in its entirety and adding a new subsection 14-6K- 1 M1 b as follows: b. Allow the opportunity for documentation and study of important prehistoric and Ordinance No, 96-3744 Page 1 7 2) 3) historic sites. repealing subsection 14-6K-1 M2 in its entirety and adding a new subsection 14-6K-1M2 as follows: 2. Regulation of Archaeological Sites by Other Agencies: The approval of a Sensitive Areas Development Plan or a Sensitive Areas Site Plan under the provisions of this Section is in addition to the applicant's need to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits. adding a new subsection 14-6K- 1M3 as follows: 3. Notification: When the Sensitive Areas Inventory Map Phase I indicates that an archaeological site is located in the quarter section within which a site plan, planned development or a subdivision is proposed, the City will forward the site plan or subdivision plan to the State Archaeologist (State) for an opportunity to comment. The City may also seek comment from the State Historic Preservation Officer. The State may notify the City if a recorded archaeological site exists within the area of the site plan, planned development or subdivision. The State may also notify the City if the site is of such archaeological importance that it requires further study by the State or a State-approved archaeologist. If the State identifies such a site, the Iowa City Historic Preservation Ordinance No. 96-3744 Page 1 8 Commission shall be notified and may proceed as provided in Article 14-4C, entitled "Historic Preservation Regulations." 4) repealing subsection 14-6K-1M4 in its entirety and adding a new subsection 14-6K-1M5 as follows: Discovery of Unrecorded Archaeological Sites: If, during the course of grading or construction, prehistoric artifacts, historic objects or significant archaeological materials, such as human remains or a prehistoric human settlement, are encountered, the City shall be notified. The City shall notify the State, which may take steps to excavate and preserve the objects, if practical, or in the case of human burial grounds, the State Archaeologist shell determine whether or not the human remains can be disinterred. If it is determined that the human remains cannot be disinterred, the portion of the property containing the burial ground shall be returned to its preconstruction condition by those persons responsible for the disturbance. L. Amend subsection 14-eK-1N, entitled "Sensitive Areas Development Plan Design Guidelines," by: 1) repealing subsection 14-eK-1N1ain its entirety and adding a new subsection 14-6K-1Nla as follows: a. Provide for flexibility in design of public infrastructure, and commercial, research development, office research, industrial and residential developments to help assure that developments near, in or adjacent to environmentally Ordinance No. 96-3744 Page 19 sensitive areas are designed to use land efficiently and preserve environmentally sensitive areas as open space amenities. 2) adding two new sentences at the end of subsection 14-eK-1N2 as follows: Subsection 14-6K-IN3, entitled "Residential Development Guidelines," contains guidelines for Sensitive Areas Development Plans in residential zones. Subsection 1 4- 6K-1N4 contains guidelines for Sensitive Areas Development Plans for commercial, research development, office research and industrial developments. 3) repealing subsection 14-6K-1N3f6 in its entirety and adding a new subsection 14-6K-1 N3f6 as follows: 4) 6) Commercial uses which are appropriate in scale and compatible with nearby residential development. Commercial uses are not permitted in Sensitive Areas Development Plans for properties less than two (2) acres in size when the underlying zoning is residential. adding a new subsection 14-6K~ 1 N4 as follows: 4. Commercial, Research Development, Office Research and Industrial Development Guidelines: These development guidelines recognize that when environmentally sensitive features exist on a commercial, research development, office research or industrial property, it may be appropriate to minimize development in and near the sensitive area(s). To mitigate for the loss of development potential, these Ordinance No. 96-3744 Page 20 guidelines allow for an increase in building height and a reduction in yard and parking requirements, as follows: a. The height of a building may be increased up to ten feet (10'). b. Yards may be reduced. c. Parking for commercial and industrial uses may be reduced, SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION 111. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~0thday of September ,19 96 MA OR L ~ ! Ordinance No. 96-3744 Page 2! It was moved by Norton and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Baker ~ ~ Kubby -'T"--- Lehman x Norton ~ Novick X Thomberry X ' Vanderhoef Ku bl~v that the First Consideration 8/6/q6 Vote f or passage:AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Norton. NAYS: None. ABSENT: Lehman. Second Consideration 8/27/96 Vote for pavS~c.ge: AYES: Venderhoer, Baker, Lehman, Norton, Novick, NAYS. Thornberry. ABSENT: Kubby Date published 9/18/96 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 {319)356-5243 ORDINANCE NO. 96-3745 ORDINANCE AMENDING THE ZONING CHAP- TER BY DESIGNATING 36 PROPERTIES AS IOWA CITY HISTORIC LANDMARKS. WHEREAS, the Iowa City Historic Preserva- tion Commission has nominated 36 properties for designation as Iowa City Historic Land- marks, the general locations of which are shown on the attached Exhibit "A"; and WHEREAS, all nominated properties have been determined to be historically and/or archi- tecturally significant, as evidenced by their inclusion on the National Register of Historic Places; and WHEREAS, Iowa City's Historic Preservation Plan encourages the indentification and designation of individually significant buildings as Iowa City Historic Landmarks to preserve these resources important to Iowa City's past; and WHEREAS, it is in the public interest to preserve historically and or architecturally significant properties; and WHEREAS, the Planning and Zoning Commis- sion and the State Historical Society of Iowa have reviewed said nominations and have recommended approval of the proposed desig- nations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENT. The following de- scribed properties are hereby rezoned to OHP, Historic Preservation Overlay Zone, and desig- nated as Iowa City Historic Landmarks, pursu- ant to Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," Section 3, "Historic Preservation Overlay Zone": Parcel 1. The south 45 feet of Lot 1 and the east 10 feet of the south 45 feet of Lot 2, Block 58, Original Town Plat. (Commonly known as the Wentz House, 219 N. Gilbert St.) Parcel 2. Lots 19 and 26 of Walden's Subdivision of the Irish Tract. (Commonly Ordinance No, 96-3745 Page 2 known as Rose Hill, 1415 E, Davenport St.) Parcel 3. The south 70 feet of Lot 5, Block 2,5, Original Town Plat. (Commonly known as the Windtom House, 604 Iowa Ave.) Parcel 4. The north 58 feet of Lot 8, Block 59, Original Town Plat. (Commonly known as the William Bostick House, 115 N. Gilbert St.) Parcel 5. The south 101.52 feet of Lot 8 and the south 101.52 feet of the east half of Lot 7, Block 78, Original Town Plat. (Commonly known as the Park House Hotel, 130 E. Jefferson St.) Parcel 6. The west half of Lot 6, Block 26, Original Town Plat. (Commonly known as the Original St. Mary's Rectory, 610 E. Jefferson St.) Parcel 7. The west half of Lot 6, Block 47, Original Town Plat. (Commonly known as the Henry C. Nicking House, 410 E. Market St.) Parcel 8. The north 90 feet of Lot 5, Block 8, Original Town Plat. (Commonly known as the Schindhelm-Drews House, 410 N. Lucas St.) Parcel 9. The north 49 feet of Lot 8 and the north 49 feet of the east 40 feet of Lot 7, Block 78, Original Town Plat. (Commonly known as the Franklin Printing House, 115 S. Dubuque St.) Parcel 10. Lots 7 and 8, Block 86, Original Town Plat. (Commonly known as the North Presb~/terian Church (Old Brick), 26 E. Market St.) Parcel 11. Lots 1 and 2, Block 67, Original Town Plat, according to the recorded plat thereof; also the east half of Lot 3, Block 67, Original Town Plat, according to the recorded plat thereof, excepting therefrom the following: Commencing at the Northwest Corner of the east half of Lot 3, Block 67, aforesaid, thence east 10 feet, thence south 80 feet, thence west 10 feet, thence north 80 feet to the point of beginning. (Commonly known as the Union Brewery, 127-131 N. Linn St.) Parcel 12. Commencing at the southeast corner of Lot A in the subdivision of a portion of Oakes' First and Second Addition to Iowa City, Iowa, according to the recorded plat thereof running thence west along the north side of Court Street, 102.1 feet, thence north to the alley to a point 102.16 feet west of the northeast corner of said Lot A, thence east along said alley 102.16 feet, thence south along the east line of said Lot A to the point of beginning. (Commonly known as the Oakes- Ordinance No. 96-3745 Page 3 Wood House, 1142 E. Court St.) Parcel 13. Lot 5, Samuel J. Kirkwood Home- stead. (Commonly known as the Samuel Kirkwood House, 1101 Kirkwood Ave.) Parcel 14. Beginning at the center of Section 22, Township 79N, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, thence west, e distance of 292.7 feet to the center of Sand Road; thence south 28 degrees east, a distance of 622.91 feet; thence east, a distance of 645.9 feet; thence north, a dis- tance of ,550 feet to the north line of the south east quarter of said Section 22; thence west, a distance of 645.65 feet to the point of begin- ning, containing 10 acres, subject to the right of way of the road. (Commonly known as the McCollister-Showers Farm, 2460 S. Gilbert St.) Parcel 15. Lots 7 and 8, Block 67, Original Town Plat. (Commonly known as St. Mary's Church and Rectory, 220 E. Jefferson St.) Parcel 16. The west 130 feet of Lot 3, Block 79, Original Town Plat. (Commonly known as the First Congregational Church, 30 N. Clinton St.) Parcel 17. Commencing at the northwest corner of Lot 4, Custer's Subdivision, proceed east 205 feet, then south 33 feet to the beginning, and south 300 feet, then east 100 feet, then north 300 feet, then west 100 feet to the point of beginning. {Commonly known as the Billingslay-Hills House, 629 Melrose Ave.) Parcel 18. A portion of Lot 20, Irish's Extension of the Woods Addition to iowa City, iowa, commencing at the Southwest Corner of Lot 20, according to the recorded plat thereof; thence north 89 degrees, 48'02" east, 200 feet along the north line of Lot 19, to the point of beginning, thence north 00 degrees, 05'08" west, 8.86 feet; thence north 89 degrees, 48'O2" east, 103.45 feet; thence south 01 degree, 25'44" east, along an existing fence 8.87 feet; thence south 89 degrees, 48'02" west, 103.66 feet to the point of beginning. (Commonly known as the Cavanaugh House, 704 Reno St.) Parcel 19. Lots 7 and 8, Block 62, Original Town Plat. (Commonly known as Trinity Episcopal Church, 320 E. College St,) Parcel 20. Beginning at a point 110 feet south of the northeast corner of Block 66, Original Town Plat, go west 95 feet, then north 24 feet, then east 50 feet, then north 17 feet, then east 45 feet, then south 41 feet to the Ordinance No. 96-3745 Page 4 -1 point of beginning. (Commonly known as the George Van Patten House, 9 S. Linn St.) Parcel 21. Lot 9, 10, and 11, Block 1, Lyons First Addition. (Commonly known as the C.D. Close House, 538 S. Gilbert St.) Parcel 22. All of Lots 3 and 4 and the north 18 feet of Lots 5 and 6 of Block, Lucas Addition. {Commonly known as the Clark House, 829 Kirkwood Ave,) Parcel 23. Commencing at the Southwest Corner of Outlot 3, Original Town Plat, according to the recorded plat thereof, thence north 195.5 feet, thence east 1 60 feet, thence south 195.5 feet to the north line of College Street, thence west 160 feet to the point of beginning; subject to right of way over the north 12 feet thereof, and further subject to easements and restrictions of record, if any. (Commonly known as the Thomas Carson House, 906 E. College St.) Parcel 24. The south half of Lot 6, Block 30, Original Town Plat, according to the recorded plat thereof. (Commonly known as the Burger House, 630 E. Fairchild St.) Parcel 25. The south 20 feet and 2 inches of the north 91 feet and 10 inches of the west 60 feet of Lot 4, Block 82, Original Town Plat. (Commonly known as the Opera House Block, 210-212 S. Clinton St.) Parcel 26. Lot 7, Block 74, Original Town Plat. (Commonly known as the Jackson- Swisher House, 120 E. Fairchild St.) Parcel 27. The west 45 feet of the east 50 feet of the north 75 feet of Lot 3, Block 37, Original Town Plat. (Commonly known as the Letovsky-Rohret House, 51,5 E. Davenport St.) Parcel 28. All except the east 38.5 feet of Lot 1, Block 82, Original Town Plat, according to the recorded plat thereof. (Commonly known as the College Block Building, 127 E. College St.) Parcel 29. Lot 1 and the south 20 feet of Lot 2, Grand Avenue Court Addition. (Commonly known as the Cannon-Gay House, 320 Melrose Ave.) Parcel 30. Lot 9 in LuCon Subdivision of part of the northeast quarter of Section 16, Township 79 North, Range § West of the Fifth Principal Meridian, according to the recorded plat thereof. (Commonly known as the A.W. Pratt House, 503 Melrose Ave.) Parcel 31. The east 69 feet of the north 110 feet on Outlot 2, Original Town Plat. (Commonly known as the Lindsay House, 935 Ordinance No. 96-3745 Page 5 E. College St.) Parcel 32. The south 50 feet of Lots 4 and 5, Block 11, County Seat Addition, according to the recorded plat thereof; also the south 50 feet of the platted north to south alley within said Block 11, County Seat Addition adjacent to and coincident with said ,50 feet of Lot 4 and Lot 5; also a portion of the platted Des Moines Street right of way, adjacenet to and coincident with the south line of said Lot 4 and Lot ,5 between the east line of the platl, ed Clinton Street right of way and the west line of the platted Dubuque Street right of way. (Commonly known asthe Chicago, Rock Island, and Pacific Railroad Depot, 115 Wright St.) Parcel 33. The south 60 feet of Lot 4, Block 30, Original Town Plat. (Commonly known as the Czecho-Slovakian Association Hall, 524 N. Johnson St.) Parcel 34. Lot 3 and the east 20 feet of the north 74 feet of Lot 4, Block 65, Original Town Plat according to the recorded plat thereof. {Commonly known as the Paul-Helen Building, 207-215 E. Washington St.) Parcel 35. The north 87 feet of Lot 26. J. & J.W. Clark Addition. (Commonly known as the Summit Apartment Building, 228 S. Summit St.) Parcel 36. Lots 1 and 2, Block 67, Original Town Plat, according to the recorded plat thereof; also the east half of Lot 3, Block 67, Original Town Plat, according to the recorded plat thereof, excepting therefrom the following: Commencing at the Northwest Corner of the east half of Lot 3, Block 67, aforesaid, thence east 10 feet, thence south 80 feet, thence west 10 feet, thence north 80 feet to the point of beginning. (Commonly known as the Economy Advertising Building, 119-123 N. Lmn St.) SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage. approval and publication of this Ordinance as required by law. SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recordation in the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this Ordinance. Ordinance No. 96-3745 Page 6 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of September, 1996. MAYOR i_ ~, ~ . , ATTEST: CITY CLERK Ordinance No. 96-3745 Page 7 It was moved by Vanderhoef and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Baker that the First Consideration 7/16/96 Vote for passage:AYES: Norton, Novick, Baker, Thornberry, Vanderhoef. ABSENT: None. Kubby. NAYS: Lehman Second Consideration 8/6/96 Vote for passage: AYES: Baker, Kubby, Norton, Novick. NAYS: Vanderhoef, Thornberry. ABSENT: Lehman, Date published 9/18/96 EXHIBIT A C~T¥ OF 1I©WA CITY HI[ STOR. ll C LANDMARK LOCAqF,] (O)l~.l -1PJFli? iV/ELROSE AVE. AREA NAPOLEON PARK ARIEA ORDINANCE NO. 96-3746 AN ORDINANCE TO AMEND TITLE 14, CHAP- TER 6E, "ZONING," ARTICLE J "OVERLAY ZONES" BY ADDING A NEW SECTION 5, ENTITLED "DESIGN REVIEW OVERLAY ZONE (ODR)" OF THE CITY CODE. WHEREAS, the City of Iowa City deems it necessary and appropriate to establish formal design review procedures and guidelines to use when evaluating development projects and other urban design related projects in the central business district and the Near Southside Neighborhood, and WHEREAS, the City deems it in the public interest to establish enabling legislation to allow the designation of design review districts in the central business district and the Near Southside Neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 14-6J-5: DESIGN REVIEW OVERLAY ZONE A. PURPOSE AND INTENT: The purpose of this Article is to: 1. Promote the public health, safety and general welfare of the citizens of the City. 2. Promote orderly community growth, protect and enhance property values, and encourage both harmonious and innovative design. 3. Protect and enhance the social, cultur- al, economic, environmental, and aes- thetic development of the central busi- ness district and the Near Southside Neighborhood. 4. Recognize environmental and aesthetic design as an integral part of the plan- ning process within the central busi- ness district and the Near Southside Neighborhood. 5. Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, and for the beauty and balance of the commu- nity. These objectives are, therefore, the proper and necessary concerns of local government. B. DEFINITIONS: As used in this Zone, the following definitions shall apply: Ordinance No. 96-3746 Page 2 APPLICA T/ON FOR DESIGN REVIEW or APPLI- CATION: A written request by a property owner or their agent {"Applicant") to the De- sign Review Committee for approval of any change in appearance to a building or real property within a design review district, The application must be approved prior to any change in appearance. CHANGE IN APPEARANCE: Any change or alteration of the exterior features of a building or change or alteration of the exterior appear- ance of real property within a design review district. This definition shall pertain only to changes in exterior appearance which are visible from the public way and for which a building, sign or other regulated permit is required for compliance with applicable City Codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building or real property. COMMITTEE: The Design Review Committee as established by Resolution of the City Coun- cil. DESIGN REVIEW DISTRICT: An area which contains contiguous parcels of real property under diverse ownership, the built portions of which: (a) are expressive of the defining architec- tural and other physical and aesthetic properties which give evidence to the physical traditions of Iowa City and unique features of the area or; (b) lack any defining physical or aesthetic qualities but constitute areas in which the City wishes to establish such quali- ties. DESIGN REVIEW GUIDELINES: Guidelines adopted by Ordinance by the City Council that are applied on a district-by-district basis end relate to issues of compatibility with existing prevalent architectural features or the creation of defining architectural features. Guidelines shall be applied to consideration of approval or disapproval of an application for design review. DESIGN REVIEW REPORT: The design review report is prepared by the Design Review Com- mittee, following consultation with district property owners and tenants, to provide the basis for adopting an ordinance designating a design review overlay zone. The report shall define the boundaries of the district; provide an Ordinance No. 96-3746 Page 3 inventory of the real property within the district which identifies, locates, quantifies and charac- terizes the prevalence of existing architectural features or the creation of defining architectural features; and lists the design review guidelines The report shall be used to fashion the ordi- nance establishing a design review overlay zone but shall stand independent of the ordi- nance. REGUI. ATED PERMIT: A permit issued by the Building Official, or other official of the City, according to the provisions of {1) the Uniform Building Code or {2) "Sign Regulations" of this Chapter. C. PROCEDURES FOR DESIGNATION OF DESIGN REVIEW OVERLAY (ODR) ZONE: 1. Report by Design Review Committee Selection of Area. The Design Review Committee must make a design review report to the Planning and Zoning Com- mission recommending that an area be designated a design review district. The proposed area under consideration must be located within the area bound- ed by Iowa Avenue on the north, Gil- bert Street on the east, the Iowa Inter- state Railway mainline on the south, and Madison Street on the west. Hearing. Before any report is submit- ted to the Planning and Zoning Com- mission for review, the Design Review Committee shall hold a public hearing on any proposal to designate an area as a design review district. The D~sign Review Committee shall first give prior notice of the time, date, place and sub- ject matter of such hearing, which notice shall be published in a newspa- per having a general circulation in the City at least four (4), but not more than twenty (20) days before the public hearing. Such notice shall also be served by ordinary mail addressed to each property owner of land and tenant included in such proposed design re- view district at the property owner's last known address and tenant's cur- rent address. If the address of any property owner is unknown, such no- tice shall be served by ordinary mail addressed to "'owner" at the street address of the property in question. After this public hearing, the Design Ordinance No. 96-3746 Page 4 Review Committee shall submit its design review district report to the Planning and Zoning Commission and shall include a proposed ordinance establishing such design review overlay zone and describing the boundary thereof. Planning and Zoning Commission Rec- ommendation: Within sixty (60) calen- dar days of receiving the report and the proposed ordinance from the Design Review Committee, the Planning and Zoning Commission shall submit its recommendations to the City Council based on how the proposed design review report and district relate to the Comprehensive Plan, Zoning Ordinance, proposed public improvements and other plans for the renewal of the pro- posed district area. The Planning and Zoning Commission shall recommend approval, disapproval or modification of the proposed ordinance establishing a design review overlay zone. Upon submission of the recommendation of the Planning and Zoning Commission or upon the expiration of the sixty (60) day period, whichever is earlier, the matter shall be transmitted to the City Council. The Design Review Commit- tee shall be advised of any modifica- tions to the proposed ordinance recom- mended by the Planning and Zoning Commission. Non-concurrence: In the case of non- concurrence between the Planning and Zoning Commission and the Design Review Committee, the Design Review Committee's design review report and proposed ordinance and the recommen- dations of the Planning and Zoning Commission shall be forwarded to the City Council. Public hearing and considerations of City Council: Upon receiving the de- sign review district report, the pro- posed ordinance establishing a design review overlay zone, and the recom- mendations of the Planning and Zoning Commission, the City Council shell provide notice for and conduct a public hearing on the ordinance establishing the proposed design review overlay Ordinance No. 96-3746 Page 5 zone, as required by state law. The City Council may approve, modify or disapprove this ordinance proposal without further consultation with the Planning and Zoning Commission or the Design Review Committee. APPLICATION FOR DESIGN REVIEW Certificate Required: No person shall undertake a change in appearance within a designated design review district as defined in this Section unless an application for design review has been approved. An applicant has the option of submitting an application for design review at the same time the applicant applies for a regulated permit or anytime before the applicant applies for a regulated permit. In either in- stance, an application for design review must be approved prior to the issuance of a regulated permit. The applicant is encouraged to schedule the application for design review process far enough in advance of the regulated permit appli- cation process so as to avoid delays in the applicant's desired construction schedule. Application for Design Review Process: a. Preliminary Review (Optional): Prior to application for design review, the applicant may request preliminary review by the Design Review Commit- tee to discuss basic intentions and plans before investing time in detailed designs. Preliminary review is not required but recommended for large or complex projects. b. Final Application and Review: (1) Application Submission: {a) A complete application for design review shall be submit- ted to the Building Official at least four {4) working days before the next regularly sched- uled Design Review Committee meeting in order to be consid- ered at that meeting. (b) Those applications for design review containing proposed designs that involve changes in appearance which do not im- pact existing or desired preva- lent architectural features, as Ordinance No. 96-3746 Page 6 (c) (2) (a) (b) determined by the ordinance establishing a design review overlay zone, shall receive approval administratively by the design review committee staff. The written results of this review process shall be made to the Committee by the next scheduled Committee meeting. Those applications for design review containing proposed designs that involve changes in appearance which do impact existing or desired prevalent architectural features, as deter- mined by the ordinance estab- lishing a design review overlay zone, shall be forwarded to the Design Review Committee for consideration at its next sched- uled meeting. Committee Review and Approv- al: Approval or Disapproval. With- in four (4) working days follow- ing the meeting at which an application for design review is scheduled to be considered, the Committee shall approve, ap- prove with modifications agreed to by the applicant, or disapprove the application. However, an applicant may agree, in writing, to an exten- sion of time. If the Committee does not act within this time period and the applicant does not agree to an extension of time, the application shall be deemed as receiving approval from the Committee. Committee Findings. The Com- mittee shall review the applica- tion for design review and consider whether the change in appearance conforms to design guidelines for the design review district in which the project is located. The Committee's written decision will be imme- diately filed with the Building Official and a copy sent to the applicant by ordinary mail. Ordinance No. 96-3746 Page 7 (3) c. Appeal to the City Council. Any applicant may appeal any decision of the Committee regarding an application for design review to the City Coun- cil. Such an appeal must be in writing and must be filed with the City Clerk no later than ten {10) working days after the filing of the abovementioned Committee's findings. The CiW Council shall, within a reason- able time, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide written no- tice to the applicant who has filed the appeal, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Committee has exercised its powers and fol- lowed the guidelines esta- blished by ordinance, this Arti- cle, and the design review report, and whether the Committee's action was pa- tently arbitrary or capricious. In exercising the above-men- tioned powers, the City Council may, in conformity with the provisions of this Article, re- verse or affirm, wholly or part- ly, or may modify the order, requirement, decision or deter- mination appealed from and may make such order, require- ment, decision or determination as ought to be made, and to that end shall have the powers of the Committee from whom the appeal is taken. Compliance with Approved Applications for Design Review Required: Approved applica- tions for design review autho- rize only those changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Build- ing Official or designee to in- Ordinance No. 96-3746 Page 8 spect, from time to time, any work performed pursuant to such an approved application to ensure compliance with the requirements of such applica- tion. If it is found that such work is not being carried out in accordance with the approved application, the Building Official shall issue a stop work order. Any change in appearance at variance with that authorized by the approved application shall be deemed a violation of these regulations. Revisions to Approved Design Plans: Substantive changes to an approved application for design review, as determined by the design review commit- tee staff, require submittal of those changes to the Design Review Committee and the requirements set forth in this Section. SUBMITTAL REQUIREMENTS: Preliminary Review Submittal Materials: Preliminary submittals may contain any ele- ments called for in the final application submittal section, at the option of the applicant. Final Application and Review Submittal Requirements: In addition to submitting an appli- cation form, an application for design review must include exhibits portraying the work to be accomplished which will assist the Design Review Com- mittee in consideration of the application. Those exhibits may include drawings, photo- graphs, and sketches. Two copies of all drawings and written materials must be sub- mitted with those applications administratively reviewed by staff, Ten (10) copies of all drawings and written materials must be submitted with those applications reviewed by the Committee. Ordinance No. 96-3746 Page 9 E. REMEDY OF DANGEROUS CONDI- TIONS~: 1. Except for emergencies as determined by the Building Official pursuant to the City Code, City enforcement agencies and departments shall give the Design Review Committee notice upon issu- ance of any order for remedying condi- tions determined to be dangerous to life, health or property which may affect the exterior features of any building within a design review district, Where the danger to life, health or properW may be abated without de- tracting from the exterior features of the building, the Committee shall have the power to require that changes or alterations not adversely affect the exterior features of a building. In such cases, it shall be the responsibility of the Committee and the City enforce- ment agency or department to cooper- ate with the property owner in an at- tempt to achieve a design solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Committee and shall be signed by the chair of the Committee, the property owner and the head of the City enforcement agency or department. 3. If a solution acceptable to the Commit- tee, the City enforcement agency or department and the property owner cannot be reached within thirty (30) calendar days or a period of time ac- ceptable to the City enforcement agen- cy or department, the agency or de- partment shall proceed to enforce its order. F. VIOLATIONS: Any violation of this Section shall be considered a simple misdemeanor or municipal infraction or environmental infraction as provided in Title 1, Chapter 4 of the City Code. See also Section 14-5F-3 of this Title. Ordinance No. 96-3746 Page 10 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance ere hereby repealed. SECTION IlL SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 101;h .day of September, 1996. MAYO R ~li~l~/(~" ~ C~TY CLERK ApprX~, City7o~y s Office Ordinance No. 96-3746 Page 11 It was moved by Norton and seconded by Ordinance as mad be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thombemj Vanderhoef Kubby that the First Consideration 7/16/96 Vote for passage: AYES: Baker, Kubby, Norton, Novick. Thornberry, Vanderhoef. ABSENT: None. Second ConslderaUon 8/6/96 Vote for passage: AYES: Norton, Thornberry. ABSENT: Lehman. Date published 9/18/96 NAYS: Novick, Baker, Kubby. NAYS: Lehman, Vanderho~ City of Iowa City MEMORANDUM Date: September 5, 1996 To: City Council From: David Schoon, Economic Development Coordinator-~--, , Re: Proposed Amendments to both the Design Review Overlay Zone Ordinance and the . Design Review Committee By-Laws Enclosed in the Council packet are copies of the Design Review Overlay Zone Ordinance and the Design Review Committee By-Laws. The content of these documents is the same as when the Council considered them at the August 6, 1996, Council meeting. Enclosed in your packet is an August 12, 1996, memo to the Design Review Committee outlining Councilor Venderboer's proposed amendments to the ordinance and the by-law amendments. Also included is a September 5, 1996, memo from the Committee to the Council, which outlines the Committee's recommendations regarding the proposed amendments. Whichever amendments the Council wishes to consider, a motion is required from the floor to make such amendments. City of Iowa City MEMORANDUM Date: To: From: Re: August 12, 1996 Design Review Committee David Schoon, Economic Development Coordinator Council Amendments to both the Design Review Overlay Zone Ordinance and the Committee .By-Laws At the August 6, 1996, City Council meeting, Councilor Dee Vanderhoef proposed an amendment to the Design Review Overlay Zone Ordinance and an amendment to the Design Review Committee by-laws. The Council has asked for the Committee's comments on these two proposed changes, prior to the Council's consideration of them at the Council's September 10, 1996 meeting. Extraordinary (Three-Fourths) Majority Councilor Vanderhoef would like to amend Subsection D, Application for Design Review, 2b- (2)(a) of the Design Review Overlay Zone Ordinance by adding the following (bold) language: (2) Committee Review and Approval: (a) Approval or Disapproval. Within four {4) working days following the meeting at which an application for design review is scheduled to be considered, the Committee shall approve, approve with modifications agreed to by the applicant, or disapprove the application. Dieapproval of an application shall only be effective upon an extraordinary majority vote or three-fourths (3/4} of the entire Committee. An applicant may agree, in writing, to an extension of time. If the Committee does not act within this time period and the applicant does not agree to an extension of time, the application shall be deemed as receiving approval from the Committee. With this wording the Committee is still able to approve a design review application with a simple majority vote of those committee members present at the meeting. However, to o'/$approve an application, six committee members must vote to disapprove e design review application. Downtown & Near Southside Representation on the Committee Councilor Vanderhoef proposes to include on the Committee owners of street-level businesses from the downtown and the near southside, The by-law amendment the Committee sent to the City Council contains the following membership composition: Two (2) shall be licensed architects; Three (3) shall be either design professionals or involved in the building trades; Two (2) shell be at-large members of the community. (Included in your packet is a copy of the entire by-laws with the proposed amendments): Councilor Vanderhoef proposes the following membership composition: Two (2) shall be licensed architects; Two {2) shall be either design professionals or involved in the building trades; One (1} shall be an at-large member of the community; One (1) shall be an owner of a street-level business in central business zone; One [1) shall be an owner of a street-level business in the near southside neighborhood. Under both proposals the number of Committee members will be seven. The change is regarding the representation on the seven person committee. A number of councilors have indicated a desire to have representation on the Committee by those individuals who will be most dir_ectly impacted by the Ordinance, downtown and near southside business owners. The Committee should review and make a recommendation to the City Council regarding both the ordinance amendment and the by-law amendment. City of Iowa City MEMORANDUM Date: September 5, 1996 To: City Council From: Martin Haynes, Chair Design Review Committee Re: Proposed Amendments to both the Design Review Overlay Zone Ordinance and the Committee By-Laws Extraordinary (Three-fourths) Majority At its August 12, 1996 special meeting, the Design Review Committee recommended, by e vote of 7-0, that the City Council retain the original wording of Subsection D, Application for Design Review, 2b-(2)(a) of the Design Review Overlay Zone Ordinance. The Committee strongly opposes the proposed amendment to the ordinance, which wou~d require an extraordinary majority vote of the entire Committee (6 out of 7 members) to disapprove an application. The Committee opposes the proposed amendment for the following reasons: The proposed amendment gives one or two individuals, depending on the number present at a meeting, the authority to approve any design review application. This greatly compromises the majorit¥'s ability to negotiate throughout the review process. · Though the Committee proposes to meet weekly in order to perform timely review of applications, the Committee cannot guarantee that six members will be present at every meeting. Also, there will be times when the Committee may only have five or six members due to vacancies. It would be possible then that only five members would be present at a meeting and all five members would vote to disapprove the application, but the application would be considered approved under the proposed amendment. ( Note: The ordinance requires the Committee to act within four (4) working days following the meeting at which an application for design review is scheduled to be considered.) · The ordinance allows an applicant to appeal the Committee's decision to the City Council. This provides the applicant the opportunity to override a simple majority's decision on an application. Downtown & Near Southslde Representation on the Committee Also at its August 12, 1996 special meeting, the Design Review Committee recommended, by a vote of 7-0, that the membership section of the Committee's by-laws state that: The Design Review Committee shall consist of seven (7) members, of which · two (2) shall be licensed architects; · two (2) shall be design professionals or involved in the building trades; · two (2) shall be business or property owners from the area subject to the Design Review Overlay Zone Ordinance, and · one (1) shall be at-large members of the community. The Committee concurs with the Council regarding the importance of including Committee members who represent the area that would be subject to the Design Review Overlay Ordinance. Though owners of street level businesses may have the greatest interest and often the most direct impact, the Committee believes property owners as well as owners of businesses not on the first floor have as much at stake as those owners of street level businesses. A poor street level design not only impacts first floor businesses, but all businesses within a district. For these reasons, the Committee believes any property owner or business owner should be provided the opportunity to serve on the Committee. Instead of specifically designating one committee member from the near southside and one from downtown, the Committee recommends that two committee members come from the area subject to the Design Review Overlay Zone Ordinance, which is the downtown and the near southside. This provides the Council with more flexibility in terms of appointing committee members. The Council could still appoint one member from each subarea, but if the Council was unable to find an applicant from one subarea they could appoint one from the other. The Committee recommends that the Council not too narrowly define who qualifies for a specific position on the Committee, so as not to limit the potential pool of applicants. A representative from the Committee will be present at your September 9 work session to discuss the Committee's recommendations. CC: Design Review Committee Karin Franklin f:~ms\drc\amendmen.doc RECEIVED AU6 2 8 1996 PHELAN, TUCKER, IVlULLEN, WALKER, TUCKER & GELlvlAN, L.L.P. ATTORNEYS AT LAW 321 EAST MARKET P. Q BOX 2150 IOWA CITY, IOWA 52244 August 27, 1996 LOUIS SI~H.U.2v~N (1~08-1982) (319) 354~962 TELEPHONE: (319) ~54-1104 Ms. Naomi Novick, Mayor City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Design Review Ordinance Article Dear Naomi, I was asked by the Press Citizen to contribute an opinion on the Design Review Ordinance. The opinion, along side Marty Haynes, was printed in Saturday's paper. Unfortunately, I wrote an article longer than suggested and several paragraphs were omitted. Those paragraphs put the prior remarks in context and also put a much more upbeat note on the entire process. I wanted you and the other Council members to have the article in its original form and enclose copies with this letter. I would appreciate it if you could circulate this to the other Council members. As you will note in reviewing my article, I did not assign a title to it. Rather, the Press Citizen crafted a title that appeared in the paper. That title did not reflect my sentiments as you will see in reviewing the entire article that I drafted. The Council's thoughtful deliberations of the Design Review Ordinance have been very much appreciated. Very truly yom-s.,..~. Thomas H. Gelman THG:kc Enclosure cc: David Schoen City of Iowa City In the debate over Iowa City's proposed Design Review Ordinance (DRO) the Chamber of Commerce has been a vocal opponent. An effort has been made to be constructive while being critical of specific features of the ordinance. The Chamber's concern has never been centered on challenging the merits of thoughtful design. Rather, it has been focused on the proposed process to enforce "good design" in certain commercial areas of Iowa City. Perhaps the root of concern over the DRO is in its genesis. It is by no means simply a continuation of the previously existing cormnittee that had as its narrow purpose design review on a limited number of downtown urban renewal parcels. The DRO represents an entirely new function in establishing regulatory authority over every new construction or remodeling project requiring a building permit in downtom Iowa City and the near south side. The DRO at this stage is simply an enabling provision for overlay zones and design criteria to be formulated subsequently. Even so, the original version was 8 pages long. While reasonable people can disagree about how time consuming, expensive and onerous the administrative process imposed by the proposed ordinance might be, the practical reality of past ordinance enforcement suggests real implications for future downtown projects. There is no denying that sigmficant regulatory authority is being extended to the DR Committee. It is fairly well established that design may, to an extent, be reviewed and regulated under the general authority to provide for the health, safety and welfare of a city. However, in this commumty there has yet to be a satisfactory articulation of a compelling need for this ordinance. Claimed examples of "bad design" have consistently been projects completed years ago when different design sensibilities prevailed. In the areas to be regulated there has been no demonstration of any pattem of design atrocities, no evidence of diminished property values and no public outcry against design offenses. To the contrary, there have been only occasional impositions on design sensibilities in recent years, most arising from "inappropriate" use of awnings. Zoning ordinances, sign ordinances and building codes already provide substantial protections. Recent downtown projects demonstrate particularly positive contributions to the area's appearance with obviously large investments being made by property owners or tenants and all without first being sub~nitted to mandatory design review. Rather than being based on need, the proposed ordinance is in response to the circumstance that the old DR Committee is running out of things to do, fnere being only one urban renewal parcel left. The Committee was either going to fade away or needed to be resurrected with a new purpose. The Chamber's beef has not been with resurrecting the DR Committee, but doing so in manner that bootstraps it to a regulatory function under yet another ordinance requiring time and expense for compliance and enforcement. It is unfortunate that the DR Committee's function could not have been recrafted into a more positive role, particularly in light of a less than compelling need from a health and safety standpoint and the inherent subjectivity in reviewing design. A unique opportunity to be more creative in approaching a perceived public good has been lost. The DR Committee has been and is currently made up of outstanding local volunteers with admirable intentions to enhance the downtown's attractiveness. But, in the zeal for self preservation through an expanded role, the Committee has shown an intolerance to allowing the possibility of even one "design mistake", thereby imposing a mandatory review process that has a tendency to thwart more creative Committee functions. An alternative model suggested by the Chamber was to perpetuate the DR Committee with a primary emphasis on education rather then enforcement, to establish it as a public resource for preparing and disseminating useful design information and to authorize mandatory review of City supported projects and voluntary review on all other projects. We argued that lacking a compelling need for enforcement, this is a more appropriate role. Savings in ordinance compliance costs would remain available for property improvement and enforcement cost.e would be available for education. This departure from other regulatory ordinances would have been an experiment. If the experiment failed, it might then be appropriate to impose a more traditional regulatory model. The DR Committee was unable to endorse any non-mandatory approach. The Planning and Zoning Commission's response to the original draft of the DRO was 5 to 2 against. The City Council's response to a revised ordinance has been 4 to 3 in favor and not without plenty of discussion. The issues were characterized by at least one Councilor as a reoccurring "philosophical difference of opinion as to the role of government". I did not perceive the issues in those terms, but rather in a pragmatic way. How many people are we willing to impose the DRO's regulatory features on to prevent the risk of a few instances of "bad design"? Why wouldn't it be more reasonable for the DR Committee, as one alternate strategy, to prepare and disseminate pamphlets on awning design when that seems to be the major identifiable culprit of"bad design"? The up side to this debate has been the responsiveness of the DR Committee in redrafting the ordinance to ~ninimize its imposition on time and expense. Many of the concerns articulated by the Chamber were specifically resolved in the revised ordinance and the DR Committee and City Staff are to be commended for their efforts. Continuing Council discussions may result in further revisions. While the Chamber still favors a non-mandatory role for the DR Committee, the redrafted ordinance has become one of the more user friendly recently put before the City Council. Perhaps more sigmficantly, in response to the Chamber's input, the DR Committee has proposed an amendment to its Bylaws to add community education as a function. The Committee now recognizes a responsibility to provide educational materials regarding the benefits of good design and design review and regarding techniques of achieving good design. The Chamber of Commerce will be pleased to assist the DR Committee in distributing this educational material to its members. Thomas H. Gelman 1996 Chairperson, Iowa City Area Chamber of Commerce ORDINANCE NO. AN ORDINANCE TO AMEND TITLE 14, CHAPTER 6E, "ZONING," ARTICLE J BY ADDING A NEW SECTION 5, ENTITLED "DESIGN REVIEW OVERLAY OF THE CITY CODE. design other Neig S, the desig Southside Nei NOW, IOWA: SECTION I. 14-6J-5: DESIGN EAS, the City of Iowa City deems it necessary and appropriate to estal: ~w procedures and guidelines to use when evaluating development related projects in the central business district and the and City deems it in the public interest to establish enabling design review districts in the central business di,. hood. BE IT ORDAINED BYTHE CITY COUNCIL OFTF formal acts and Southside ;lation to allow and the Near ITY OF IOWA CITY, ~IDMENT. OVERLAY ZONE A. PURPOSE AND The purpose of this Article Promote the pub City. health, safety and gen~ welfare of the citizens of the Promote orderly encourage both growth, p~ Js and inn( design. property values, and Protect and enhance aesthetic development of Neighborhood. economic, environmental, and business district and the Near Southside Recognize environmental planning process within Neighborhood. design as an integral part of the business district and the Near Southside Recognize that lan regulations at these objectives provide not only for the health, and general of the citizens, but also for their comfort and )erity, and for the and balance of the community. These objec~ are, therefore, the prope necessary concerns of local governme~ used in this Zone, the following ~itions shall apply: APPLICA ' APPLICA TION: A or their agent to the Design Review Committee for appearance g or real property within a design rewew be appro prior to any change in appearance. quest by a property owner 3proval of any change in The application must CHA _~ IN,APPEARANCE.' Any change or alteration of the exterior ures of a building or ch~ or alteration of the exterior appearance of real property ~ln review district. /,~s definition shall pertain only to changes in exterior appearance which are visible from the Ordinance No. Page 2 public way and for which a building, sign or other regulated permit is requir, with applicable City Codes. Furthermore, nothing in this definition sh~ prohibit or limit normal repairs or maintenance which do not involve alte the exterior features of a building or real property. compliance construed to or changes in COMMITTEE:~The Design Review Committee as established by Res( y Council. DESIGNREVIE~DISTRICT.' An area which contains contiguous,~/rar real property under diverse ownersh~he built portions of which: ~ (a) are expressiv~of the defining architectural and other/bhysic~ and aesthetic properties which give evi(~nce to the physical traditions of Io/Wa City and unique features of the area; ~ ~ (b) lack any defining physical or aesthetic qualities'but constitute areas in which the City wishes to estab,ish s~L~h ,,q ualit ies. ~ DESIGN REVIEW GUIDELINES." ,.~uidelines adopt~ by Ordinance by the City Council that are applied on a d basis and tel; to issues of compatibility with existing prevalent architectural features the creatior defining architectural features. Guidelines shall be applied to consideration ~proval of an application for design review. DESIGN REVIEW REPORT: The Committee, following consultation basis for adopting an ordinance desig~ define the boundaries of the district which identifies, locates, architectural features or the crea review guidelines The report review overlay zone but shall of be used independen report is prepared by the Design Review property owners and tenants, to provide the a design review overlay zone. The report shall ide an inventory of the real property within the and characterizes the prevalence of existing ~g architectural features; and lists the design :ashion the ordinance establishing a design ordinance. REGULA TED PERMIT: A according to the provisior Chapter. issued by the of (1) the Uniform Buildin Official, or other official of the City, .~ode or (2) "Sign Regulations" of this C. PROCEDURES DESIGNATION OF DESIGN IEW OVERLAY (ODR) ZONE: 1. Rejc by Design Review Committee :ction of Area. The Design Review make a design review ~ort to the Planning and Zoning Commission ~mending that an area be designated a design review district. The tea under consideration must be located within the area bounded by Iowa Ave ~e on the north, Gilbert Street on the east, the Iowa Interstate Railway on the south, and Madison Street on the west. Hearing. Before any report is submitted to the Planning ~ning Commis- sion for review, the Design Review Committee shall hold a pul~lic hearing on Ordinance No. Page 3 any proposal to designate an area as a design review di The Design Review Committee shall first give prior notice of the ti date, place and subject matter of such hearing, which notice shall be pul in a newspaper having a general circulation in the City at least four but not more than (20) days before the public hearing. Such shall also be served by ~ary mail addressed to each property owner land and tenant included in sucl roposed design review district at the owner's last known address unknown, at the street Design Planning lishing such desi current address. If the of any property owner is notice shall be served by or( mail addressed to "owner" Idress of the property in que: on. After this public hearing, the shall submit it review district report to the Commission and sh include aproposed ordinance estab- review overlay and describing the boundary thereof. Planning and Zoning }mmission R days of receiving eport an Review Committee, recommendations to the report and district relate proposed public improveme district area. The Plannin disapproval or modific~ review overlay zone. and Zoning Commis or upon whichever is earlie Design Review nmittee shall proposed ordina ~mmendation: Within sixty (60) calendar proposed ordinance from the Design and Zoning Commission shall submit its based on how the proposed design review the Comprehensive Plan, Zoning Ordinance, ~nd other plans for the renewal of the proposed )ning Commission shall recommend approval, of proposed ordinance establishing a design ion of the recommendation of the Planning expiration of the sixty (60) day period, transmitted to the City Council. The dvised of any modifications to the recommended by tl Planning and Zoning Commission. Zoning dations Council In the case of and the Design design review report and Planning and Zoning (: rrence between the Planning and Committee, the Design Review ordinance and the recommen- shall be forwarded to the City Publi g and considerations of City Council: rev' district report, the proposed ordinance zone, and the recommendations of the the City Council shall provide notice for and ordinance establishing the proposed design review state law. The City Council may approve, modify ordinance proposal without further consultation with Commission or the Design Review Committee. ~on receiving the design shing a design review and Zoning Corntuls- a public hearing on zone, as required disapprove this inn and Zoning Ordinance No. Page 4 APPLICATION FOR DESIGN REVIEW Certificate Required: No person shall undertake a char a designated design review district as defined application for design review has been approved. of submitting an application for design review applies for a regulated permit or anytime 'egulated permit. In either instance, an prior to the issuance of a uraged to schedule the in the regulated permit a[ the licant's desired dule. m appearance within Section unless an has the option the applicant the applicant applies for a ion for design review must be ~ulated permit. The applicant is design review process far enough process so as to avoid delays in 2. Applica for Design Review Pr, Review (O Prior to application for design review, the a ,nt may reque-· )reliminary review by the Design Review Commit- tee intentions and plans before investing time in esigns. ;liminary review is not required but recommended for large projects. b. Final Applica ~n and Review: (1) A ~ Submission: A before reittee plete application for design review shall be submit- ~e Building Official at least four (4) working days regularly scheduled Design Review Com- :ing in order to be considered at that meeting. (b) Those a designs that impact existing as determined review overlay tively by the desi results of this reittee by the next ions for design review containing proposed olve changes in appearance which do not desired prevalent architectural features, the ordinance establishing a design shall receive approval administra- ;view committee staff. The written mess shall be made to the Com- luled Committee meeting. (c) Those applications for review containing proposed designs that involve char in appearance which do impact existing or desired ~t architectural features, as determined by the establishing a design review overlay zone, shall be ~rded to the Design Review Committee for consideration its next scheduled meeting. (2) Committee Review and Approval: Ordinance No. Page 5 (a) Approval or Disapproval. following the meeting at which an applic review is scheduled to be considered, approve, approve with application. However, an applicant to an extension of time. If the within this time period and the to an extension of time, the as receiving approval from Within four (4) days design :ee shall disapprove the ree, in writing, not act not agree shall be deemed Committee. Committee Findings. application for design change in appearance the design review dis rhe Committee's led with the Bull ~licant by ordi Committee shall review the and consider whether the to design guidelines for ct in which the project is located. decision will be immediately Official and a copy sent to the mail. (3) Appeal tc sion of the to the City be filed with after the filing City Council on the appe~ well as appeal, decidin, Comm rep~ the order, requirement, decision and may make such order, req as ought to be made, and to that the Committee from whom the ~e City C~ Any applicant may appeal any deci- an application for design review appeal must be in writing and must ity Clerk no later than ten (10) working days he abovementioned Committee's findings. The within a reasonable time, hold a public hearing the public notice as required by State law, as en notice to the applicant who has filed the he appeal within a reasonable time. In appeal, ~eCity Council shall consider whether the hasexercis ~ts powers and followed the guidelines by ordinanc this Article, and the design review and whether action was patently or capricious. exercising the above-mentioned the City Council ma 1 conformity with the provisions Article, reverse or affirm vholly or partly, or may modify determination appealed from decision or determination shall have the powers of s taken. Compliance with Approved Applications for Review Required: Approved applications for design review authorize'~nly those changes in appearance set forth in such approved applicatil~,ns and no other changes in appearance. It shall be the duty of the BL~ding Official or designee to inspect, from time to time, any work perforr~ed pursuant to such an approved application to ensure compliance wif~ the require- ments of such application. If it is found that such work'~s not being carried out in accordance with the approved application, t~e Building Official shall issue a stop work order. Any change in app~rance at Ordinance No. Page 6 variance with that authorized by the approve( deemed a violation of these regulations. )lication shall be Revisions to Approved Design Plans: approved application for design review, review committee staff person, require the Design Review Committee and Section. S changes to an rmined by the design of those changes to uirements set forth in this ~'AL REQUIREMENTS: at Review Submittal any elements called foi of the applican Preliminary submittals may final application submittal section, Final AI: cation and submittim ~n applicatio~ include :s portra assist the Those exhibits (2) copies of all dl those applications of all drawings applications re~ Submittal Requirements: In addition to an application for design review must the work to be accomplished which will consideration of the application. drawings, photographs, and sketches. Two ings and written materials must be submitted with ~, reviewed by staff. Ten (10) copies · ~tten materials must be submitted with those the Committee. REMEDY OF Except for emer City Code, City Review Comm determined t¢ exterior :ms as ee notice upon dangerous to life, of any building within a the Building Official pursuant to the ~d departments shall give the Design any order for remedying conditions property which may affect the In review district. Where th from the to of a b~ the OWl C¢ to life, health or property 3e abated without detracting features of the building, the ':tee shall have the power that changes or alterations not adversel, tfect the exterior features In such cases, it shall be the res enforcement agency or department to in an attempt to achieve a design solution ions will be corrected with minimal adverse im )lan shall be approved by the Committee and of the Committee and rate with the property ~reby the dangerous ~n exterior features. igned by the chair the Committee, the property owner and the head of agency or department. :ity enforcement If a solution acceptable to the Committee, the City department and the property owner cannot be reached agency or thirty (30) also Section 14-5F-3 of this Title. Ordinance No. Page 7 calendar days or a period of time acceptable to th or department, the agency or department shall enforcement agency enforce its order. VIOLATIONS: Any violation of this Section shall or mu infraction or environmental infraction a~ Code. ,sidered a simple misdemeanor )rovided in Title 1, Chapter 4 of SECTION II. of this Ordinan SECTION III. adjudged to be Ordinance stitutional. SECTION IV. EFFE( approval and publication Passed and approved ;ALER. All ordinances and parts of orc hereby repealed. iRABILITY. If any section, or unconstitutional, such ad any section, provision o~ DATE. This Ordin~ provided by in conflict with the provisions or 9art of the Ordinance shall be not affect the validity of the hereof not adjudged invalid or uncon- shall be in effect after its final passage, MAYOR ATTEST: CITY CLERK Approved I~y C~ty Attorney s Office Prepared by: Ron Boose, Sr. Bldg. Inspector, 410 E. Washington St., Iowa City, IA 52240 (319)356-51 22 ORDINANCE NO. 96-3747 AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND TO PROVIDE PENALTIES FOR VIOLATIONS. WHEREAS, the purpose of the Electrical Code is to provide for the protection, health, welfare, and safety of the citizens of Iowa City; and WHEREAS, the National Electric Code sets forth nationally recognized standards and is promulgated by the National Fire Protection Association, and WHEREAS, the City of Iowa City previously adopted the 1993 Edition of the National Electric Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. SECTION II. PURPOSE. The purpose of this ordinance is to adopt the 1996 Edition of the National Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain amendments thereto, to provide for the protection of the health, welfare, and safety of the citizens of iowa City, Iowa; and to provide for its enforcement. SECTION III. Scope. This ordinance shall apply to and govern electrical work, as defined in the Electrical Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: wiring or piping on public or private electrical systems, within or on any building or other structure; the practice and materials used in the installation, maintenance, extension or alteration of electrical systems, to connect with any point of public or private structure. SECTION IV. Adoption of Electrical Code Sections 14-5C-1 through 14-5C-29 of the City Code of Iowa City is hereby repealed and the following new sections 14-5C-1 through 1 4-5C- 28 are enacted in lieu thereof. SEC. 14-5C-1. CODE-ADOPTED. Subject tothe amendments described in Section 14-5C-2 below, Chapters 1 through 9 of the 1996 Edition of the National Electrical Code are hereby adopted, and this Article shall be known as the Iowa City Electrical Code, or the Electrical Code, and may be so cited. SEC. 14-5C-2. AMENDMENTS. The Electrical Code adopted by Section 14-5C-1 of this chapter is hereby amended as follows: Article 100 is amended by deleting the definition of "Approved" and adding the following definitions: Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of an investigation and test conducted by the Building Official, Ordinance No. 96-3747 Page 2 or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code is the Uniform Building Code promulgated by the International Conference of Building Officials, as amended and adopted by this jurisdiction. Building Official is the officer charged with the administration and enforcement of this Code, or a duly authorized representative, and is the authority having jurisdiction for this code. Code enforcement agency is the department, division or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the Building Official. Electrical code is the National Electrical Code promulgated by the National Fire Protection Association, as amended and adopted by this jurisdiction. Electrical work is all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all premises wiring systems. Electriclan, apprentice is any person who works under the supervision and guidance of a skilled journeyman or contractor for the purpose of learning the electrical trade. Electrician, journeyman is any properly licensed person who is allowed to perform electrical work only under the supervision of a licensed master electrician. Electrician, maintenance is any person who is a regular employee of a manufacturing or industrial establishment or a commercial or residential property management firm, who does electrical work for that establishment or firm only, and who maintains the existing electrical equipment within the building or group of buildings. Electrician, master is any properly licensed person who undertakes or offers to undertake to plan for, layout, supervise or perform electrical work with or without compensation. Fire wall is the same as an area separation wall as used in the Building Code, as amended and adopted by this jurisdiction. Multiple occupancy building is a building having more than one tenant and may be a single or mixed use group as classified by the Building Code, as amended and adopted by this jurisdiction. Occupancy is the purpose for which a building, or part thereof, is used or is intended to be used. Article 210-52 is amended by adding a paragraph (i) as follows: (i) Water conditioning equipment. In dwelling units where the installation of water conditioning equipment requiring the use on electrical power is feasible, a receptacle outlet shall be provided for that use. Article 230-22 is amended to read as follows: 230-22 Insulation or covering. (a) Service conductors for residential installations shall be installed in rigid, intermediate metal, EMT, or non-metallic conduit. EMT conduit shall be assembled using rain-tight type fittings as approved by Underwriteds Laboratories. (b) Service conductors for commercial or industrial installations shall be installed in rigid, intermediate metal, or non-metallic conduit. Article 230-42(b) is amended to read as follows: (b) Ungrounded conductors. Except as provided below, ungrounded conductors shall have an ampacity of not less than: (1) 100 amperes, three wire for service to a single family dwelling. (2) 200 amperes, three wire for service to a single family dwelling which contains over 2,500 square feet of floor area including the basement but excluding the garage. Ordinance No. 96-3747 Page 3 (4) Article (3) 60 amperes for other loads. Exception 1: For loads consisting of not more than two two-wire branch circuits, #8 copper or #6 aluminum or copper clad aluminum. Exception 2: By special permission, for loads limited by demand or by the source of supply, #8 copper or #6 aluminum or copper clad aluminum. Exception 3: For limited loads of a single branch circuit, #12 copper or #10 aluminum or copper clad aluminum, but in no case smaller than the branch circuit conductors. All service entrance locations in the central business district shall be approved by the Building Official prior to installation. 300-13(b) is amended to read as follows: (b) Device removal. In all general purpose branch circuits the continuity of any conductor shall not be dependent upon device connections such as lampholders, receptacles, etc., where the removal of such devices would interrupt the continuity. Article 334-23 is amended as follows: 334-23. Grounding. Type MC cable shall provide a grounding conductor for equipment grounding as required by Article 250. Article 336~5 is amended by deleting paragraph (a)(1) and adding a new paragraph (a)(1) to read as follows: (1) In any structure where combustible construction is not permitted by the building code. Article 350-5 is amended to read as follows: 350-5. Uses not permitted. (a) Flexible metal conduit shall not be used: 1) In any location except as permitted in 350-2(b); 2) In wet locations unless conductors are of lead covered type or of other types approved for the specific conditions and the installation is such that water is not likely to enter other raceways or enclosures to which the conduit is connected; 3) In hoistways, other than provided in Section 620-21; 4) In storage battery rooms; 5) In any hazardous (classified) location other than permitted in Sections 501-4(b) and 504-20; 6) Where rubber-covered conductors are exposed to oil, gasoline, or other materials having a deteriorating effect on rubber; 7) Underground or imbedded in poured concrete or aggregate; and 8) Where subject to physical damage. (b) Flexible metal conduit may be used where conduit must be fished into concealed spaces, where conduit is subject to vibrations or for tap connections to lighting fixtures. The maximum length of exposed flexible conduit shall be six feet (6'). A grounding conductor of equal current-carrying capacity to the largest current carrying conductor shall be installed, and fastened to the fixture or box with the appropriate green screw. 370-27 OUTLET BOXES. (a) Boxes at Lighting Fixture Outlets. Boxes used at lighting fixture outlets shall be designed for that purpose. At every outlet used exclusively for lighting, the box shall be so designed or installed that a lighting fixture may be attached. Exception: All boxes in bedrooms, dining rooms, living rooms, family rooms, or any other location that would permit the installation of a ceiling fan, shall be listed for the support of ceiling fans. The following sections of the National Electric Code are not adopted: 1) Note #3 to Tables 310-16 through 310-19, dealing with three wire, single phase residential service. Ordinance No. 96-3747 Page 4 SECTION VI. Additions to the provisions of the National Electric Code. Sec. 14-5C-3. Application to Existing Electrical Systems and Equipment. A. Additions, Alterations or Repairs. 1) Additions, alterations or repairs may be made to an electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this Code, provided the addition, alteration or repair conforms to that required for a new electrical system and equipment, and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. 2) With approval of the Building Official, minor additions, alterations and repairs to an existing electrical system and equipment may be made in accordance with the law in effect at the time the original installation was made. B. Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance, or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health, or property has been created by such electrical system and equipment. C. Changes in Building Occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined by the Building Code, as amended and adopted by this jurisdiction, shall comply with the requirements of this Code which are applicable to the new use or occupancy. D. Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with this Code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may require any electrical system to be reinspected. E. Moved Buildings. Electrical systems and equipment which are part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this Code for new installations. Sec. 14-5C-4. Conflicting Provisions. If different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive section shall control. Sec. 14-5C-5. Alternate Materials and Methods of Construction. A. The Building Official may approve the use of an alternate material or method of construction if the proposed design complies with the provisions of this Code and the material or method of construction offered is at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability and safety. B. The Building Official shall require sufficient evidence or proof to substantiate any claims regarding the use of alternates. The Building Official shall record in the files of the Code enforcement agency any decision to approve an alternate material or method of construction. Sec. 14-5C-6. Modifications. The Building Official may grant modifications for individual cases, provided that a special individual reason makes the strict letter of this Code impractical and the modification is in conformity with the intent and purpose of this Code, and that such modification does not lessen health, life and fire safety requirements. The details of such actions granting modification shall be recorded and entered in the files of the code enforcement agency. Sec. 14-5C-7. Tests. A. When Required. Whenever there is insufficient evidence of compliance with any of the provisions of this Code or evidence that materials or construction do not conform to the requirements of this Code, the Building Official may require tests as evidence of compliance to be made at no expense to this jurisdiction. Ordinance No. 96-3747 Page 5 B. Methods, Testing Agency. 1. 'i'est methods shall be as specified by this Code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate the Building Official shall determine test procedures. 2. All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records. Sec. 14-5C-8. Powers and Duties of Building Official A. General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. The Building Official may appoint a Chief Electrical Inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. B. Right of Entry. 1. Whenever necessary to make an inspection to enforce the provisions of this Code, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition or Code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building or premises by such codes, provided that if such building or premises be occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure entry. 2. When the Building Official or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner or occupant or other persons having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this Code. C. Stop Orders. When work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall immediately stop such work until authorized by the Building Official to proceed with the work. D. Authority to Disconnect Utilities in Emergencies. The Building Official or authorized representative shall have the authority to disconnect electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or electrical system or equipment of the decision to disconnect prior to taking such action and shall notify the serving utility, owner and occupant of the building, structure or building equipment, in writing, of the disconnection immediately thereafter. E. Authority to Condemn Electrical System and Equipment. 1. Order to Remove or Restore. If the Building Official determines that an electrical system or equipment regulated in this Code has become hazardous to life, health or property, the Building Official shall order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. Persons shall not use or maintain defective electrical system or equipment after receiving notice. 2. Written Notice. If equipment or an installation is to be disconnected the Building Official shall issue a written notice of such disconnection and reasons therefor to the serving utility, Ordinance No. 96-3747 Page 6 and the owner and occupants of the building, structure or premises within 24 hours of the order to disconnect. 3. Action or Violation. When an electrical system or equipment is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. F. Connection After Order to Disconnect. Persons shall not make connections from any energy or power supply nor supply power to an electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of the electrical system or equipment. G, Liability. 1. The Building Official, or an authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of duties, shall not thereby render the Building Official personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. 2. This Code shall not be construed to relieve or lessen the responsibility of aperson owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this Code or approvals issued under this Code. H. Cooperation of Other Officials and Officers. The Building Official may request, and shall receive so far as is required in the discharge of duties, the assistance and cooperation of other officials of this jurisdiction. Sec. 14-5C-9. Unsafe Electrical Systems or Equipment. A. Electrical systems or equipment regulated by this Code which are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Use of electrical systems or equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. B. Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or an alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. Sec. 14-5C-10. BOARD OF APPEALS. A. General. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall consist of at least five (5) members who are qualified electors of the City of Iowa City but are not employed by the City. The Board shall include at least one licensed electrician, one licensed plumber, one member qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, one representative from the Iowa City Homebuilders Association, and at least one building design professional. All other members shall be qualified by experience and training to pass upon matters pertaining to building construction and interpretations of the Building Official. If any electrician on the Board of Appeals is involved in an appeal before the Board, the other members of the Board shall appoint an alternate qualified electrician who is a qualified elector of the City of Iowa City to act in his or her stead. The Building Official shall be an ex officio Ordinance No. 96-3747 Page 7 member of, and shall act as secretary to the Board. The members of the Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. B. Limitations of Authority. The Board of Appeals shall have no authority to waive requirements of this Code. Sec. 14-5C-11. Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equipment or cause or permit the same to be done in violation of this Code. Sec. 14-5C-12. Licenses. A. No person shall perform unsupervised, electrical work, within Iowa City, with or without compensation unless the person holds a master electricJan's license issued by the City or as permitted by Sections 1~-5C-23 (B) and (C). B. No person shall work as a journeyman electrician within the City unless the person holds a journeyman electricJan's license issued by the City. C. No person shall knowingly employ or permit an unlicensed person to perform electrical work within Iowa City if the work is required by this Code to be performed by a licensed electrician. D. There shall be a properly licensed electrician present at all locations and at all times where electrical work is being performed. At least one licensed electrician shall be present for every three (3) apprentices or workers. Such licensed electrician must be an employee of the permit holder. E. The provisions of this section shall not apply to: (1) The personnel of the Traffic Engineering Division of the City or persons who work for a public utility company, telephone or telegraph company, nor to persons performing electrical work as an integral part of the plant used by such company in rendering its duly authorized service to the public. (2) A regular employee of any railroad who does electrical work only as a part of that employment. (3) The service or maintenance of heating or air conditioning equipment provided that such work or maintenance shall only include electrical work on electrical equipment that is part of such equipment. Such work shall include the connection of heating or air conditioning equipment to an existing individual branch circuit. F. Revocation of License: 1. The administrative authority, with consent of the Board of Appeals, may revoke any license issued if the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud or for continual violation of any sections of this Code. 2. Licenses are not transferable. The lending of any license or the obtaining or permits thereunder for any other person shall be deemed cause for revocation. 3. Revocation shall occur only after the Administrative Authority has given the licensee written notice and an opportunity for an administrative hearing before the Board of Appeals. G. Reissuance of License After Revocation: If a license is revoked for any reason, another license shall not be issued for at least twelve (1 2) months after revocation. Sec. 14~5C-13. Applications. Any person required by this ordinance to possess a license for electrical work shall make application to the Building Official. Sec. 14-5C-14. Application and Examination Fees. Fees for persons applying for a license for electrical work shall be established by resolution of City Council, and shall not be refunded. Sec. 14-5C-15. LICENSING STANDARDS, The administrative authority shall issue licenses pursuant to the following provisions: Ordinance No. 96-3747 Page 8 A. A master electrician's license shall be issued to every person who demonstrates satisfactory completion of one year of experience as a licensed journeyman electrician, and successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of City Council. B. A journeyman electrician's license shall be issued to every person who demonstrates satisfactory completion of one year of experience as an apprentice electrician with an established electrical company, and successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of City Council. C. Only one license shall be issued to any individual in any license category on the basis of a single examination. Sec. 14-5C-16. RE-EXAMINATIONS. Any person who fails the journeyman or master electricJan's examination may apply for re-examination at the next regularly scheduled examination. Sec. 14-5C-17. RENEWALS. A. Every license which has not previously been revoked shall expire on December 31 of each year. Renewal fees shall be as established by resolution of City Council. Any license that has expired may be reinstated within sixty (60) days after the expiration date upon payment of an additional ten dollar ($10) reinstatement fee. After the expiration of the sixty (60) day period, no license shall be renewed except upon reexamination. B. Code Update Certificate. Prior to receiving any active electrical license, each applicant shall complete an approved eight hour National Electrical Code update class based on the changes in the most current edition of the National Electrical Code within one year of its adoption by the City. A certificate of completion must be submitted to the Building Official to accompany application for renewal. C. At the time of renewal, eachlicensee shall identify the company where they are currently employed. Sec. 14-5C-18_~. Maintenance Electrician's Certificate; When Required, A. A maintenance electrician's certificate shall be required of any person employed as a maintenance electrician as defined by this Code. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the Board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be issued a renewal of the certificate without taking the examination hereinafter provided. B. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Sec. 14-5C-19. Restricted Electrician's License, A restricted electricJan's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. Sec. 14-5C-20 Inactive License. Any current electrical license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the electrical license as current but will not be permitted to obtain an electrical permit nor otherwise actively participate in the electrical trade in Iowa City. The license may be reactivated upon completion of an eight hour National Electrical Code class on the changes based on the most current edition of the National Electrical Code and payment of the full license fee for that year. The fee for an inactive license shall be set by resolution of City Council. Sec. 14-5C-21. Permits. A. Permits Required. Except as specified in subsection B of this section, no electrical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a Ordinance No. 96-3747 Page 9 separate electrical permit for each building or structure has first been obtained from the Building Official. B. Exempt Work. An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative Jighting. 4. Repair or replacement of current-carrying parts of any switch, contactor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefor. 6. Repair or. replacement of any overcurrent device of the required capacity in the same location. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. EJectrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signal circuits of Classes II and III as defined in this Code. 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Sec. 14-5C-22. Application for Permit. A. Application. To obtain a permit, the applicant shall first file a written application on a form furnished by the Code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Provide plans, diagrams, computations and specifications and other data as required in subsection B of this section. 5. The permittee, or authorized agent, must sign the application. 6. Give such other data and information as may be required by the Building Official. B. Submi~a! Docu,~,ents. 1. Plans, s~ecifications, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may require p~ns, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. Ordinance No, 96-3747 Page 10 2. EXCEPTION: The Building Official may waive the submission of plans, calculations, etc., if the Building Official finds that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this Code. C. Information on Plans and Specifications. 1. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. 2. Plans for buildings more than two (2) stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire-restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. Sec. 14-5C-23. Permittee. A. An electrical permit may be issued to any person holding a valid master electrician license issued by the City of Iowa City, or to any company which employs a duly licensed master electrician on a full time basis. B. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. All work shall comply with this Article. Applicants for a homeowners permit shall pass the designated exam before a permit may be issued. C. A permit may be issued to any person holding a valid restricted electricJan's license issued by the City of Iowa City only for the type of work specified on the license. Sec. 14-5C-24. Permits Issued. A. Issuance. 1. The Building Official shall review the application, plans and specifications, and other data, filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, the Building Official shall issue a permit to the applicant. 2. When the Building Official issues a permit, the plans and specifications shall be endorsed in writing or stamped "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans. 3. The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. However, the holders of such permits shall proceed at their own risk without assurance that the permit for the entire building, structure or building service will be granted. B. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official ,~.~til final approval of the work is given. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times while the work authorized thereby is in progress. C. Validity of Permit. Ordinance No. 96-3747 Page 11 1. The issuance of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. 2. The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. D. Expiration. 1. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. 2. Apermittee holding an unexpired permit may apply for an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (e) Suspension or Revocation. The Building Official may in writing, suspend or revoke a permit issued under the provisions of this Code if the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the jurisdiction. Sec. 14-5C-25. Insurance. Before any permit to perform electrical work may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The City of Iowa City shall be named as additional insured. The policy shall also provide for at least ten (10) days notice by the insurer to the City of termination of the policy by the insured or insurer. Electrical permits issued under Section 8-125B of this ordinance shall be exempted from this insurance requirement. Sec. 14-5C-26. Fees. A. Permit Fees. The fee for each electrical permit shall be as set forth by resolution of City Council. B. Investigation Fees; Work Without a Permit. 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit was issued. The payment of such Ordinance No. 96-3747 Page 1 2 investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. C. Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected, 2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when an application for a permit for which a fee has been paid is withdrawn or canceled before any work has been done, The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (1 80) days from the date of fee payment, Sec. 14-5C-27. Inspections. A. General. 1, All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official, 2. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes, Neither the Building Official nor the jurisdiction shall be liable for the expense of removing or replacing any material to permit inspection, When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the Building Official. 3. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. B. Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this Code to provide access to and means for inspection of such work. C, Operation of Electrical Equipment. The requirements of this Section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment, The request for inspection of such equipment must have been filed with the Building Official not more than forty eight (48) hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. D. Other Inspections. In addition to the called inspections required by this Code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Code enforcement agency. (e) Reinspections. 1. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or wher~ corrections called for are not made.This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to cornply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. 2. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To Ordinance No. 96-3747 Page 1 3 obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of City Council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Sec. 14-5C-28. Connection Approval. A. Energy Connections. An electrical system or equipment regulated by this Code for which a permit is required shall not be conqected to a source of energy or power until approved by the Building Official. B. Temporary Connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary Certificate of Occupancy. SECTION VI. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ..10thday of September , 19 96 MAYOR{ _ (,,/./' ,, ATTEST:_./~~ '~. CITY CLERK Aplm~vecl by_ City Attorney's Office t~$dataXe!ectrCj3.bkl Ordinance No. 96-3747 Page 14 It was moved by Baker and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker ~ Kubby X Lehman X Norton ------it-- .-------- Novick X Thomberry · X Vanderhoef I ehman that the First Consideration 8/27/96 VBO,te for pa_s.$age: AYES: Lehman, Norton, Novick, Thornberr~v, Vanderhoef, aKer. NAYS: None ABSENT: Kubby Second Consideration ............ Vote for passage: Date published 9/18/95 Moved by Baker, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None. Prepared by: Jim Brachtel, Traffic Engineer, 410 E. Washington St,Iowa City, IA 52240 (319)356-5919 ORDINANCE NO. 96-3748 AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 3, SECTION 6B THEREIN TO CHANGE THE SPEED LIMIT ON BENTON STREET BETWEEN KESWICK DRIVE AND MORMON TREK BOULEVARD. WHEREAS, the City Code provides the speed limit for vehicles in residential districts shall be twenty-five (25) miles per hour; and WHEREAS, the section of Benton Street be- tween Keswick Drive and Mormon Trek Boule- vard is now residential, rather than rural, in nature. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That Title 9, Chapter 3, Section 6B entitled "Exceptions" is hereby amended by deleting the following exception: Name of Street (MPH) Where Limit Applies Benton Street 35 From the intersection of Keswick Drive to the intersection of Mormon Trek Boulevard. All other exceptions shall remain the same. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this .10th day of September ,19 96 . MAYOR ( L/ ATTEST: ~_~ CITY CLERK City Attorney's Office Ordinance No. 96-3748 Page 2 It was moved by Thnrnherry and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ASSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Baker that the First Consideration 8127/96 Vote for passage: AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef: Baker. NAYS: None. ABSENT: Kubby. Second Consideration ........................ Vote for passage: Date published 9/1B/96 Moved by Lehman, seconded by Thornberry, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Prepared by: Joe Fowler, Director of Parking & Transit, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5156 ORDINANCE NO. 96-3749 ORDINANCE AMENDING TITLE 3, "CITY FI- NANCES, TAXATION, AND FEES" CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ESTABLISH A SPECIAL FARE FOR HIGH SCHOOL AND YOUNGER STUDENTS, WHEREAS, the Iowa City City Council wishes to encourage ridership by school aged children; and WHEREAS, a reduced fare will serve to encourage use of Iowa City Transit by school- aged children in Iowa City. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-6, Title 3, Chapter 4, Section 6, entitled "Public Transportation," of the City Code should be and is hereby amended by adding to the category of "Special Fares" the following: Description of fee, Amount of fee, charge, bond, fine or charge, bond, penalty fine or penalty Special Fares: High school students $20.O0/month and other children $.50/ride under eighteen (18) years of age This section shall otherwise remain the same. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. 96-3749 Page 2 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of September ,19 96 · CITY CLERK City Attorney's Office Ordinance No. 96-3749 Page 3 It was moved by Lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ,, Baker X ~ __ Kubby X _ Lehman T Norton X Novick X Thomberry ~X Vanderhoef Baker that the First Consideration 8/27/96 Vote for passage: AYES: Norton, Novick, Thornberry, Baker, Lehman. NAYS: None. ABSENT: Kubby. Vanderhoef, Second Consideration ................... Vote for passage: Date published 9/;[8/96 Moved by Lehman, seconded by Thornberry, that the rule requiring ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the secor consideration and vote be waived and the ordinance be voted upon for' final passage at this time. AYES: Novick, Thornberry, Vanderhoef, Baker, Kub~ Lehman, Norton. NAYS: None. ABSENT: None.