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Home My WebLink About1995-01-03 OrdinanceORDINANCE NO, 95-3664 ORDINANCE AMENDING THE ZONING CHAP- TER BY CHANGING THE USE REGULATIONS OF RM-12 ZONED PROPERTY LOCATED GEN- ERALLY ALONG FAIRCHILD AND DAVENPORT STREETS BETWEEN DUBUQUE STREET AND DODGE STREET, AND IN THE 200 BLOCK ALONG BLOOMINGTON STREET FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, TO RNC-12, NEIGHBORHOOD CONSERVATION RESIDENTIAL. WHEREAS, the area is currently zoned RM-12, Low Density Multi-Family Residential; and WHEREAS, property owners in the area have requested that the City rezone the property to stabilize the existing character of this portion of the Northside Neighborhood; and WHEREAS, 75% of the properties in the proposed area are developed with single-family homes or duplexes; and WHEREAS, the majority of the multi-family buildings in the area are structures originally constructed as single*family homes; and WHEREAS, the predominant visual character of the area is one of a single-family residential neighhorhood rather than a multi-family neigh- borhood; and WHEREAS, the Comprehensive Plan notes that previous downzoning efforts in this area were intended to reduce the incentive to re- place older dwellings with new multi-family structures; and WHEREAS, the inner-city area study and the preservation plan elements of the Comprehen- sive Plan contain the goal of preserving and protecting the existing housing stock of the Northside Neighborhood; and WHEREAS, rezoning the subject area to RNC-12 will further the goal of stabilizing the character of the neighborhood without creating additional nonconforming uses, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I, APPROVAL, The property de- scribed below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family Residential, to RNC-12, Neighbor- hood Conservation Residential: An area containing Lot 5, Block 14; Lots 4 and 5, and the west 20 feet of Lot 3 of Block 15; Lot 4, and the west 10 feet of the south 100 feet of Lot 3 of Block 16; the north half of Block 28; Lots 1 and 2, and the south half of Block 29; Lots 7 and 8, and the south 60 feet of Lot 4 of Block 30; Lots 5 and 6, Block 35; Lots 1 and 2, and the south Ordinance No. 95-3664 Page 2 half of Block 36; the north half of Block 37; the north half of Block 48; 8lock 49; the south half of Block 50; the south half of Block 55; Block 56; the north half of Block 57; the north half of Block 68, excluding Lot 4; Lots 1, 2, 3, 7 and 8, and the east 15 feet of the north 40 feet of Lot 4, and the east 40 feet of Lot 6 of Block 69; Block 70, excluding Lots 4 and 5; and the south half of Block 71, excluding Lot 5; all of the Original Town, Iowa City, Iowa. SECTION II. ZONING MAP. The Building Inspector 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 provided 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 County Record- er of Johnson County, Iowa, upon final pas- sage and publication as provided by law. 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 appro.ved this 3rd day of January, 1995. Ordinance No. 95-3664 Page. 3 It was moved by Pt go~-~- and seconded by '['h~'o~o~'ton as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: - x Baker ~{ Horowitz x Kubby x Lehman x . Novick x Pigott x .Thingmorton that the Ordinance Fimt Consideration 12 / 13 / 9 4 Vote for passage: AYES: Horowitz, Kubby, Lehman, NovicE, ThroEmorton, Baker. NAYS: None. ABSENT: Pi§ott. Second Consideration [2/20/94 Vote for passage: AYES: Novick, Pigerr, ThroEmorton, Baker, Horowitz, Kubby,Lehman. NAYS: None. ABSENT: None. Date published 1/11/95 $7 Ordinance No. Page 2 half of Block 36; the north half of Block 37; the north half of Block 48; Block 49; south half of Block 50; the south half Block 55; 8lock 56; the nor[h half of 57; the north half of Block 68, excludi~ Lot 4; Lots 1, 2, 3, 7 and 8, and the 15 feet of the north 40 feet of Lot 4, the east 40 feet of Lot 6 of Block 69; 70, excluding Lots 4 and 5; and the ,. Block 71, excluding Lot 5; inal Town, Iowa City, Iowa. SECTION II. ZONING MAP Inspector is hereby change the zoning map of :ity, Iowa, to conform' final passage, Ordinance as provi~ 'ION III. CERTIFI~ ING. The Mayor to sign, an the owners further copy of Zoning the Recorder of passage SECTION parts of sions Ordin~ V. ~n or part of shall The Building 3d directed to City of Iowa Jpon publication of law. AND RECORD- authorized and City Clerk to attest, ·eement between the The City Clerk is and directed to certify a and the Conditional ~nt which shall be recorded by at the Office of the County Iowa, upon final cation as provided by law. All ordinances and conflict with the provi- are hereby repealed. IILITY, If any section, Ordinance shell be ~constitutional, such the validity of the provision unconsti- SECTION VL EFFECTIVE This Ordi~ nance shell be in effect after its approval and publication, as by law. Passed and approved this MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: December 29, 1994 To: Mayor Susan Horowilz and Members of the City Council From: Ron Boose, Sr. Building Inspector~ Re: Proposed Ordinance Amendments Concerning Unisex Restrooms In August and September of this year, two different small business owners appeared before the Board of Appeals to request that City building codes be amended to relax the requirement for separate gender restroom facilities. In both instances the appellant was remodeling an older structure for a new use which triggered requirements to make the structure accessible to disabled persons. While neither applicant was resisting this general requirement, they were both seeking to avoid the extensive remodeling and dedication of floor area necessary to provide two accessible restrooms. Section 705(c) of the Uniform Building Code, which we have adopted as Iowa City's building code, requires separate restroom facilities for each sex when the number of employees exceeds four. Table 9-A of the Iowa City Plumbing Code requires separate restroom facilities for each sex whenever public restrooms are required, such as dine in eating or ddnking establishments. Iowa State Handicap Accessibility regulations require that when separate rastroom facilities are provided for each sex, accessible restrooms shall likewise be provided for each sex. This means any commercial establishment employing more than four people and all eating or ddnking establishments except carry-out only must provide two fully accessible restrooms. One applicant proposed providing two unisex restrooms, one accessible and one not. Section 4.1.3(11) of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) states, "If toilet rooms are provided, then each public and common use toilet room shall comply with 4.22." Section 4.22 goes on to outline clearances, grab bar heights, and other specifications for accessible restrooms. Therefore, this proposal would not comply with the ADA. Board of Appeals members were all in agreement that one unisex restroom could easily serve the needs of more than four employees. Some Board members were concamed with the application to public restrooms. An alternative threshold of 15 employees or occupants was found in another model plumbing code and felt to be more equitable. If adopted, this ordinance will allow small businesses to provide one unisex accessible restroom for up to 16 employees. It would also allow very small eating or drinking establishments with a combined occupant load, employees and customere, of less than 16 to provide one unisex accessible restroom. This is in compliance with the ADA and will reduce some costs and space requirements for small businesses, especially those seeking to remodel existing structures in older neighborhoods. CC: Steve Arkins, City Manager Doug Boothroy, Director, Housing & Inspection Servicas Linda N. Woito, City Attorney Members of the Board of Appeals