HomeMy WebLinkAbout1995-05-23 OrdinanceO
ORDINANCE NO, 95-3677
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING,"
ARTICLE N, ENTITLED "OFF STREET PARKING AND LOADING," TO REDUCE THE AMOUNT
OF OFF-STREET PARKING SPACES REOUIRED AND AMEND THE PARKING AREA DESIGN
STANDARDS IN THE CN-1, NEIGHBORHOOD COIVIMERClAL, ZONE,
WHEREAS, the CN-1, Neighborhood Commercial, zone is intended to allow the development
of a retail and personal service commercial center to meet the day-to-day needs of a fully
developed residential neighborhood; and
WHEREAS, the current parking requirements for the CN-1 zone are the same as for any
other commercial zoning district, regardless of the location or market area of a proposed use
or district; and
WHEREAS, the current parking requirements are excessive when applied to the CN-1 zone
due to the unique nature of the CN-1 zone, its pedestrian and bicycle orientation, its limited
market area, and the relatively small scale of the uses permitted in the CN-1 zone; and
WHEREAS, the City wishes to ensure that development within the CN-1 zone is more
compatible with surrounding residential areas by reducing the amount of paving within the CN-
1 zone through a reduction in the amount of parking required and through the use of
alternative parking arrangements such as shared parking and land banking; and
WHEREAS, the City wishes to encourage compact urban development and reduced paving
within the CN-1 zone by allowing alternative parking lot design when the strict application of
the design standards is not appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article N, entitled "Off-Street
Parking and Loading," Section 1, entitled "Off-Street Parking Requirements" of the City Code
are hereby amended as follows:
a. Renumbering Section 14-6N-11 as new Section 14-6N-1J and amending new Section 1 4-
6N-1J to read as follows:
J. Required Number of Off-Street Parking Spaces: In all zones, except in the CB-10 zone
unless specifically required, and in the CN-1 zone where the use of land banking is
approved as provided in Section 14-6N-11, prior to occupation of a building or com-
mencement of a principle use, a minimum number of off-street parking and stacking
spaces shall be provided. In the CN-1 zone, in order to avoid excessive amounts of pav-
ing, not more than 110% of the required amount of off-street parking may be provided
without approval of a special exception by the Board of Adjustment. The minimum
number of off-street parking and stacking spaces shall be as follows;
b. Creating a new Section 14-6N-11 to read as follows:
I. Modification of parking requirements in the CN-1 zone: Due to the unique nature of the
CN-1 zone, Sections 14-6N-1B2k, concerning the design of parking lots, and 14-6N-1 J,
concerning the minimum parking requirements, may be waived or relaxed as follows by
the Director of Planning and Community Development upon the recording in the Johnson
County Recorder's Office of a finding that the proposal is determined to further the
intent of the CN-1 zone:
1. Shared parking arrangements between individual uses that experience peak usage
at differing times of the day may be permitted to reduce the overall paved area;
2. To accommodate future changes in land use, changes in ownership, and shifts in
shared parking demand, land banking, or setting aside sufficient land area on-site
to provide for the future construction of a parking area, may be approved for up
Ordinance No. 95-3677
Page 2
to 30% of the otherwise required parking. If an Enforcement Official determines
at some point in the future the additional parking spaces are needed, the property
owner will be required to construct parking on the land banked area. A written
agreement, properly executed by the owner of the property on which the land
banked area is located, assuring the installation of parking within the land banked
area by the owner if so ordered by the Enforcement Official, and binding upon their
successors and assigns, shall be recorded as a covenant running with the land.
3. The location of parking spaces along drives rather than aisles, as required in
Section 14-6N-1B2k, when the location of parking along a drive(s) is determined
to be an integral part of the design of the development.
c. Deleting "Design Requirements," Subsection 1 4-6N-1R2k and substituting in lieu thereof
the following language;
k. If two (2) or more parking areas on a lot are connected by a drive, the parking areas
shall be designed so that an aisle connected to more than twelve (12) parking spaces
is not used as a drive providing access to another parking area. This requirement may
be waived for property in the CN-1 zone as provided in new Section 14-6N-113.
d. Repealing Section 14-6N-1J2d and adding a Section 14-6N-1J2d, "Required Number of
Off-Street Parking Spaces", to read as follows:
Principal Use Zone
d. Banks, savings and
loan institutions and
credit unions.
1. Where permitted,
except CB-5 and
CN-1
2. CB-5
3. CN-1
Number of Spaces
One parking space for each two
hundred (200) square feet of floor
area. In addition, drive-in establish-
ments shall provide six (6) stacking
spaces per external teller or customer
service window designed for drive-in
service but need not exceed eighteen
(18) total spaces.
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One parking space for each three
hundred (300) square feet of floor
area. In addition, drive-in establish-
ments shall provide six (6) stacking
spaces per external teller or customer
service window designed for drive-in
service but need not exceed eighteen
(18) total spaces.
Ordinance No. 95-3677
Page 3
e. Repealing Section 14-6N-1J2h and adding a new Section 14-6N-1J2h, "Required Number
of Off-Street Parking Spaces," to read as follows:
Zone
1. Where permitted
except CB-5,
RFBH and CN-1
2. CB-5
3, RFBH
4. CN-1
Principal Use
h. Grocery stores and
supermarkets.
Number of Spaces
One (1) parking space for each one
hundred eighty (180) square feet of
floor area.
One parking space for each one
thousand two hundred {1,200)
square feet of floor area.
One parking space for each three
hundred (300) square feet of floor
area.
One parking space for each two
hundred (200) square feet of floor
area.
Repealing Section 14-6N-1J2i and adding a new Section 14-6N-1J2i, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
Laundry and dry
cleaning establish-
ments (coin-operat-
ed)
1. Where permiRed
except CB-5,
RFBH and CN-1
Number of Spaces
One parking space for each two (2)
laundry and/or dry cleaning
machines.
2. C8-5
3, RFBH
4. CN-1
One parking space for each one
thousand two hundred {1,200)
square feet of floor area.
One parking space for each three
hundred {300) square feet of floor
area.
One parking space for each three (3)
laundry and/or dry cleaning
machines.
Ordinance No. 95-3677
Page 4
Repealing Section 14-6N-1J2j and adding a new Section 14-6N-1J2j, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
Laundry and dry
cleaning establish-
ments and collec-
tion stations.
1. Where permitted
except CB-5 and
CN-1
Number of Spaces
One (1) parking space for each three
hundred (300) square feet of floor
area.)
2. CB-5
3. CN-1
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One parking space for each four
hundred fifty (450) square feet of
floor area.
h. Repealing Section 14-6N-1J2m and adding a new Section 14-6N-1J2m, "Required Number
of Off-Street Parking Spaces," to read as follows:
Zone
1. Where permitted
except R/O, CB-2,
CB-5 and CN-1
2, R/O and CB-2
3. CB-5
4. CN-1
Principal Use
m. Offices.
Number of Spaces
One (1) parking space for each two
hundred (200) square feet of floor
area.)
One parking space for each three
hundred (300) square feet of floor
area to a maximum of twenty-seven
(27) spaces. No additional parking
shall be required for that area ex-
ceeding eight thousand (8,000)
square feet.
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One parking space for each three
hundred (300) square feet of floor
area.
Ordinance No. 95-3677
Page 5
Repealing Section 14-6N-1J2n and adding a new Section 14-6N-1J2n, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone Number of Spaces
n. Offices-clinics. 1.
Where permitted
except CB-5 and
CN-1
2. CB-5
3. CN-1
Two (2) parking spaces for each
office, examining room and treat-
ment room, provided, however there
shall not be less than five (5) spaces.
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One and one-half (1-1/2) parking
spaces for' each office, examining
room and treatment room, provided,
however, there shall not be less than
four (4) spaces,
Repealing Section 14-6N-1J2o and adding a new Section 14-6N- 1J2o, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
o. Personal service
business, beauty
parlors, barber
shops.
Where permitted
except CB-5 and
CN-1
Number of Spaces
Two (2) parking spaces for each
barber or beauty parlor chair.
2. CB-5
3. CN-1
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One and one-half (1-1/2) parking
spaces for each barber or beauty
parlor chair.
Repealing Section 14-6N-1J2p and adding a new Section 14-6N-1J2p, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
1. Where permitted
except CB-5 and
CN-1
2. CB-5
Personal service
businesses (other
than those listed).
3. CN-1
Number of Spaces
One (1) parking space for each one
hundred fifty (150) square feet of
floor area.)
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One (1) parking space for each two
hundred twenty-five (225) square
feet of floor area.
Ordinance No. 95-3677
Page 6
Repealing Section 14-6N-1J2s and adding a new Section 14-6N-1J2s, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
1. Where permitted
except CB-5,
RFBH and CN-1
2. CB-5
3. RFBH
4. CN-1
Restaurants and
establishments
dispensing food or
beverages for con-
sumption on the
premises.
Number of Spaces
One parking space for each one
hundred fifty (150) square feet of
floor area, or parking spaces equal in
number to one-third (1/3) the occu-
pant load of the seating area, which-
ever is less.
One parking space for each one
thousand two hundred {1,200)
square feet of floor area.
One parking space for each three
hundred {300) square feet of floor
area.
One parking space for each two
hundred twenty-five {225) square
feet of floor area, or parking spaces
equal in number to one-fourth (1/4)
the occupant load of the seating
area, whichever is less.
m. Repealing Section 14-6N-1J2u and adding a new Section 14-6N-1J2u, "Required Number
of Off-Street Parking Spaces," to read as follows:
Principal Use Zone
1. Where permitted
except CB-5,
RFBH and CN-1
2. CB-5
3. RFBH and CN-1
u. Retail stores and
shops (other than
those listed).
Number of Spaces
One (1) parking space for each two
hundred (200) square feet of retail
floor area.)
One parking space for each one
thousand two hundred (1,200)
square feet of floor area.
One parking space for each three
hundred (300) square feet of floor
area (Ord. 94-3610, 3-8-94).
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Ordinance No. 95-3677
Page 7
Passed and approved this 23rd day of
I~ay, 1995.
CITY CLERK
ppdadmin~olst prl~2.ord
Ordinance No. 95-3677
Page 8
It was moved by Novick and seconded by
as read be adopted, and upon roll call there were:
T.ehm~n
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
ThroEmorton
that the Ordinance
First Consideration 4/25/95
Voteforpassage: AYES: Kubby, Lehman, Novick, Pigott, ThroEmorton,
Baker, Horotitz. NAYS: None. ABSENT: None
Second Considemtion 5/9/95
Vote for passage:AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
ThroEmorton, Baker. NAYS: None. ABSENT: None.
Date published 5/31/95
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING,"
ARTICLE N, ENTll LED "OFF STREET PARKING AND LOADING," TO REDUCE THE AMOUNT
OF OFF-STREET RKING SPACES REQUIRED AND AMEND THE PARKING AREA DESIGN
STANDARDS IN CN-1, NEIGHBORHOOD COIViMERClAL, ZONE.
WHEREAS, the CN-1 hborhood Commercial, zone is intended to allow the deve, lopment
of a retail and personal ~rvice commercial center to meet the day-to-day needs/of a fully
developed residential nei ~orhood; and /
WHEREAS, the current ~ing requirements for the CN-1 zone are the sa,o'~e as for any
other commercial zoning c istr~t, regardless of the location or market area of.~ proposed use
or district; and ,. ~ ~
WHEREAS, the current I~arking~equirements are excessive when appli.~ to the CN-1 zone
due to the unique nature of the C1~1 zone, its pedestrian and bicycl~f~ i~e~n~t~ati. o..n..,~i,ts limited
market area, and the relatively smallscale of the uses permitted in ~e CN-1 zone; and
WHEREAS, the City wishes to en~,ure that development withi~y'the CN-1 zone is more
compatible with surrounding residentia ~reas by reducing the amo/u'nt of paving within the CN-
1 zone through a reduction in thee unt of parking req~,ufF'~e~d~ ka~n~.. ;t..h~r,o~u.g,h the use of
alternative parking arrangements such shared parking and/land banking; and
WHEREAS, the City wishes to compact urban
within the CN-I zone by allowing parking lot ~
the design standards is not appropriate.
NOW, THEREFORE, BE IT ORDAINED BY '1'
IOWA, THAT:
SECTION I. AMENDMENT. Chapter 6, entitl~
Parking and Loading," Section 1, entitled
are hereby amended as follows:
a. Renumbering Section 14-eN-11asnew~ 6N-1J to read as follows:
J. Required Number of j Spaces
unless specifically required, ant the CN-1
approved as provided in Sectit 14-6N-11 prior
mencement of a principle u.' minimum
spaces shall be provided. Ir zone,
ing, not more than 110% the uirad
without approval of a
number of off-street
b. Creating a new Section
I,
Modification of par
CN-1 zone,
~ment and reduced paving
when the strict application of
THE CITY OF IOWA CITY,
'Zoning," Article N, entitled "Off-Street
Parking Requirements" of the City Code
I-eN-1J and amending new Section 14-
all zones, except in the CB-1 0 zone
where the use of land banking is
occupation of a building or corn-
off-street parking and stacking
~void excessive amounts of pav-
g may be provided
by the Board
and stacking spaces shall
to read as follows:
requirements in the CN-I zone:
concernin.c
Adjustment, The minimum
as follows:
the unique nature of the
lots, and 14-6N-1J,
concerning the
the Director of J
County
intent of th(
1. Shar~
at
2, To
sl
parking requirements, may ~ws by
and Community Development upon the in the Johnson
Office of a finding that the proposal is nined to further the
zone:
parking arrangements between individual uses that exp~r~ience peak usage
times of the day may be permitted to reduce the ova[all paved area;
~date future changes in land use, changes in ownership, and shifts in
~red parking demand, land banking, or setting aside sufficient land area on-site
provide for the future construction of a parking area, may be approved for up
Ordinance No.
Page 2
to 30% of t~
at some
owner will
agreement,
banked area is
area by the own,
successors and
3. The location of
Section
to be an integral
c. Deleting "Design
the following language;
k, If two (2) or more parking
shall be designed so that an
is not used as a drive providing
be waived for property in the CI
d. Repealing Section 14-6N-1J2d and
of Off-Street Parking Spaces", to tea
Principal Use
otherwise required parking. If an Enforcement Official determines
the future the additional parking spaces are needed, the property
to construct parking on the land banked A written
executed by the owner of the property on the land
~g the installation of parking withitbanked
if so ordered by the Enforcement Official
igns, shall be recorded as a covenant run I with the land.
dng spaces along drives rather than as required in
when the location of parking along is determined
the design of the development
"Subsection 14-6N-1B2k and
Is on a lot are
~ connected to more 1
to another
zone as provid
Jing a
as follows:
do Banks, savings and 1. Where
loan institutions and except CB-5
credit unions. ON-1
~g in lieu thereof
a drive, the parking areas
~n twelve (12) parking spaces
area. This requirement may
in new Section 14-6N-113.
J2d, "Required Number
service
(18)
Number of Spaces
One parking space for each two
hundred (200) square feet of floor
area. In addition, drive-in establish-
ments shall provide six (6) stacking
spaces per external teller or customer
service window designed for drive-in
service but need not exceed eighteen
(18) total spaces.
)ne parking space for each one
two hundred (1,200)
Jam feet of floor area.
Or parking space for each three
(300) square feet of floor
area. In addition, drive*in estab)ish-
six (6) stacking
,er external teller or customer
~indow designed for drive-in
need not exceed eighteen
Ordinance No.
Page 3
e. Repealing Section 14-6N-1J2h and adding a new Section 14-6N-1J;
of Off-Street Parking Spaces," to read as follows:
Principal Usex, x' Zone
h. Grocery stores an~ Where permitted
supermarkets. except CB-5,
RFBH and CN-1
2.~ CB-5
"Required Number
Nut
One (1)
hundred ei
floor are~
One p~
thou,~
feet
space for each one
(180) square feet of
space for each one
two hundred (1,200) squre
area·
01
g space for each three
(300) square feet of floor
4. CN-1
Repealing Section 14-6N-1J2i and addin
of Off-Street Parking Spaces," to read
Principal Use Zone
Laundry and dry 1. Where
cleaning establish- except =.qd
ments (coin-operat- RFBH ~d CN-1
ed)
2. CB
· CN-1
parking space for each two
hundred (200} square feet of floor
area.
new Section 14-6N-1J2i, "Required Number
Number of Spaces
ne parking space for each two (2)
ndry and/or dry cleaning
m a~,~nes.
One pa'~king space for each one
thousandtwo hundred (1,200)
square fe~of floor area.
One parking',~pace for each three
hundred (300~,square feet of floor
area. .. ~
One parking spac~,for e.ach three {3)
laund..ry end/or dry ~anlng
machines. ~
Ordinance No.
Page 4
g. Repealing
of Off-S1
Principal U~
Laundry and
cleaning
ments and
tion stations.
;tion 14-6N-1J2j and adding a new Section 14-6N-1
Spaces," to read as follows:
"Required Number
Zone
1. Where permitted One (1) pa~
except CB-§ and hundred
CN-1 area.)
of Spaces
space for each three
uare feet offloor
CB-5
3, ~N-1
One ~ace for each one
th~ two hundred (1,200)
)or area.
parking apace for each four
hundred fifty (450) square feet of
floor area.
Principal Use
m. Offices.
Repealing Section 14-6N-1J2m.
of Off-Street Parking Spaces," tread a,~
1. Where
except
1
8N-1J2m, "Required Number
CB-2,
CN-
Number of Spaces
One (1) parking space for each two
hundred (200) square feet of floor
area.)
2. RIO
One parking space for each three
hundred (300) square feet of floor
area to a maximum of twenty-seven
(27) spaces. No additional parking
shall be required for that area ex-
~lht thousand (8,000)
C8-5
4. CN-1
parking space for each one
sand two hundred (1,200)
floor area.
One
hundr,
area,
king space for each three
)00) square feet of floor
Ordinance No.
Page 5
Repealing Section 14-6N-1J2n and adding a new Section 14-6N-1J2n, "Rec '
of Off-Street Parking Spaces," to read aslfollows:
Principal Use Zone \ Number of:
1. Where Two (2) parking
except CB-5 office, examining
ON-1 ment room, provi
shall not be les,,
2. CB-5 One parking
thousand
3. CN-1
hc
fou
n. Offices-clinics.
Number
es for each
and treat-
however there
(5) spaces.
each one
~d (1,2OO)
floor area.
a-half (1-1/2) perking
office, examining
d treatment room, provided,
there shall not be less than
',4) spaces.
Repealing Section 14-6N-1J2o and adding a new S,
of Off-Street Parking Spaces," to read as
Principal Use Zone
Personal service 1. Where permitted Two (2)
business, beauty except CB-5 a~ barber
parlors, barber CN-1
shops.
~ 14-6N-1J2o, "Required Number
Number of Spaces
arking spaces for each
parlor chair.
2. CB-5
3. CN-1
One parking
thousand
square feet of
~ace for each one
~undred (1,200)
oor area.
One and,
spaces for each
parlor chair.
{1-1/2) parking
beauty
Repealing Section 14-6N- 1J2p al
of Off-Street Parking Spaces,"
adding a new Section 14-6N- 1J 2
read as follows:
Principal Use Zone
1. )ermitted
CB-5 and
CB-5
3. CN-1
p. Personal service
businesses (other
than those listed).
"Required Number
Number, aces
One (1) parking space each one
hundred fifty (150) feet of
floor area.)
One parking space for
thousand two hundred
square feet of floor area.
)ne
One {1) parktng space for
hundred twenty-five (225) s(
feet of floor area,
Ordinance No.
Page 6
Repealing Section 1 ~-6N-1J2s,, and adding a new Section 14-6N-1J2s, "Required Number
of Off-Street Parking~paces, to read as follows:
Principal Use ~ Zone Number of Spaces
Restaurants and ~,. Where permitted One parking s~ce for each one
establishments \ except CB-5, ~,nd hundred fifty/(150) square feet of
dispensing food or~RFSH and CN-1 floor area,9~ parking spaces equal in
beverages for con- ~ number to/6ne-third (1/3) the occu-
sumption on the ~ pant load/of the seating area, which-
premises, ~ ever is,/[~s s.
2. CB~5 One ~rking space for each one
~ L~and two hundred (1,200)
~ i,re feet of floor area.
3. RFBH~ , parking space for each three
~. (300) square feet of floor
4. CN-1
m. Repealing Section 14-6N-1J2u and add
of Off-Street Parking Spaces," to rea~
Principal Use
u. Retail stores and 1. Where
shops (other than exce
those listed). RFBH
2. CB-5
3. RI and CN-1
One parking space for each two
hundred twenty-five (225) square
~ feet of floor area, or parking spaces
\ equal in number to one-fourth {1/4)
the occupant load of the seating
area, whichever is less,
a n~w Section 14-6N-1J2u, ' Requ'red Number
follows:
Number of Spaces
One (1) parking space for each two
an~ huh~dred (200) square feet of retail
CN-1 floor, area.)
One 15a, rking space for each one
thousand two hundred (1,200)
square ~'e, et of floor area.
One park~ttg space for each three
hundred (3'00) square feet of floor
area (Ord. 9'~-3610, 3-8-94).
SECTION II. REPEALER. All
of this Ordinance.
SECTION Ill. SEVER~
nances and parts of ord'nances in c~pflict with the provisions
3eeled. \
If any section, provision or part of ~e Ordinance shall be
adjudged to be invalid or unco titutional, such adjudication shall not affect the validity of the
Ordinance as a whole or a~ section, provision or part thereof not~j. udged invalid or
unconstitutional.
SECTION IV. EFFECTIVE This Ordinance shall be in effect afterShal passage,
approval and publication, provided by law.
Ordinance No.
Page 7
Passed a'~pproved this
MAYOR ~,
Approved by . ,~
'-'Cit9 Attorney s Office ~
ORDINANCE NO. 95-3678
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 34.21 ACRES OF
LAND LOCATED WEST OF TAFT AVENUE
ALONG COURT STREET EXTENDED FROM RS-
5, LOW DENSITY SINGLE FAMILY RESIDEN-
TIAL, TO CN.1, NEIGHBORHOOD COMMER-
CIAL, RM-12, LOW DENSITY MULTI-FAMILY
RESIDENTIAL, AND RS-8, MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL.
WHEREAS, Owner, as legal title holder, has
requested the City rezone approximately 34.21
acres of land located west of Taft Avenue
along Court Street extended from RS-5, Low
Density Single-Family Residential, to CN-1,
Neighborhood Commercial (6.92 acres},
12, Medium Density Multi-Family Residential
(11.9 acres), and RS-8, Medium Density Single-
Family Residential (9.13 and 7.18 acres); and
WHEREAS, the proposed rezoning will allow
the development of a neighborhood commercial
center and areas of higher densiW residential
development than the current RS-5 zoning
permits; and
WHEREAS, Iowa Code §414.5 (1993) pro-
vides that the CiW of Iowa City may impose
reasonable conditions on granting the rezoning
request, over and above existing regulations, in
order to satisfy public needs directly caused by
the requested change; and
WHEREAS, the City wishes to ensure the
integration of the neighborhood commercial
center and areas of higher density residential
development into the surrounding single-family
residential neighborhood; and
WHEREAS, the City wishes to ensure that
traffic generated by the proposed development
does not overburden the existing street system
which is not designed to handle a significant
increase in traffic; and
WHEREAS, the City wishes to ensure that
the potential wetland that has been identified
on the site is addressed in a satisfactory man-
ner; and
WHEREAS, the proposed rezoning is compati-
ble with adjacent development and the Com-
prehensive Plan for the area, provided that
certain conditions are adhered to; and
WHEREAS, Owner acknowledges that certain
conditions and restrictions are reasonable to
ensure appropriate urban development in this
area of Iowa City; and
WHEREAS, the Owner has agreed to develop
this property in accordance with certain terms
and conditions to ensure appropriate urban
development in this area of Iowa City.
Ordinance No. 95-3678
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL, Subject to the Condi-
tional Zoning Agreement which is attached
hereto and incorporated by reference herein,
the property described below is conditionally
reclassified from its present classification of
RS-5, Low Density Single-Family Residential, to
CN-1, Neighborhood Commercial, RM~12, Low
Density Multi-Family Residential, and RS-8,
Medium Density Single-Family Residential:
Parcel I: RS-5 to CN-I:
Beginning at the Northeast Corner of
the Northeast Quarter of Section 18,
Township 79 North,'Range 5 West of the
Fifth Principal Meridian: Thence
S00°23'59"E, along the East Line of Said
Northeast Quarter, 461.45 feet; Thence
S89°41'12"W, 307.67 feet; Thence
NO0°23'59"W, 310.36 feet; Thence
S89°02'11"W, 392.02; Thence
NO3°48'18"E, 305,49 feet; Thence
Southeasterly 164.10 feet along a
1990.43 foot Radius Curve, concave
Northeasterly, whose 164.05 foot chord
bears S88°36'07"E; Thence
N89°02'11"E, 511.85 feet, to a Point on
the East Line of the Southeast Quarter of
Section 7, Township 79 North, Range 5
West, of the Fifth Principal Meridian:
Thence S00°57'49"E, along said East
Line, 150.07 feet, to the Point of Begin-
ning. Said Tract of land contains 6,92
Acres, more or less, and is subject to
easements and restrictions of record.
Parcel Ih RS-5 to RM-12.
Commencing at the Northeast Corner of
the Northeast Quarter of Section 18,
Township 79 North, Range 5 West of the
Fifth Principal Meridian: Thence
N00°57'49"W, along the East Line of the
Southeast Quarter of Section 7, Township
79 North, Range 5 West of the Fifth Princi-
pal Meridian, 150.07 feet to the POINT OF
BEGINNING. Thence S89°02'11"W,
511.85 feet; Thence Northwesterly
349.17 feet, on a 1990.43 foot radius
curve, concave Northeasterly, whose
348.72 foot chord bears N85°56'17"W;
Thence N09°05'14"E, 181.12 feet;
Thence N31°48'O4"E, 572.39 feet;
Thence N00o00'00"W, 53.50 feet:
Thence S90°00'00"E, 517.02 feet, to a
point on the East Line of said Southeast
Quarter of Section 7; Thence S00O57'49"
Ordinance No. 95-3678
Page 3
E, along said East Line 735.01 feet to the
Point of Beginning. Said tract of land
contains 11.99, acres more or less, and is
subject to easements and restrictions of
record.
Parcel II1:RS-6 to RS-8 (south of CN-1).
Commencing at the Northeast Corner
of the Northeast Quarter of Section 18,
Township 79 North, Range 5 West, of the
Fifth Principal Meridian; Thence
S00°23'59"E, along the East Line of Said
Northeast Quarter, 461.45 feet, to the
Point of Beginning; Thence continuing
SOO°23'59"E, along said East Line,
215.00 feet; Thence S89°41'12"W,
558.36 feet; Thence S52°08'48"W,
156.09 feet; Thence Northwesterly,
212.88 feet, along a 834.00 foot Radius
Curve, concave Southwesterly, whose
212.30 foot chord bears N45°04'55"W;
Thence N52°23'40"W, 43.85 feet;
Thence N37°36'20"E, 74.97 feet; Thence
Northeasterly, 321.65 feet, along a
645.23 foot Radius Curve, concave North-
westerly, whose 317.00 foot chard bears
N20°42'19"E; Thence N03°48'IB"E,
83.51 feet; Thence N89°02'11"E, 392.02
feet; Thence SOO°23'59"E, 310.36 feet;
Thence N89°41' 1 2"E, 307.67 feet, to the
Point of Beginning. Said Tract of land
contains 7.18 Acres, more or less, and is
subject to easements and restrictions of
record.
Parcel IV: RS-5 to RS-8 (western 13arcel).
Commencing at the Northeast Corner of
the Northeast Quarter of Section 18,
Township 79 North, Range 5 West, of the
Fifth Principal Meridian: Thence
N89o12'O4"W, along the North line of
Said Northeast Quarter, 1660.46 feet, to
the Point of Beginning; Thence Southeast-
erly, 39.99 feet, along a 600.00 foot
radius curve, concave Northeasterly,
whose 39.99 foot chord bears
Sl1~18'42"E; Thence Southeasterly,
21.56 feet, along a 600.00 foot radius
curve, concave Southwesterly, whose
21.56 foot chord bears S12~11'31"E;
Thence S69°18'18"W, 245.36 feet;
Thence N89°12'O4"W, 659.86 feet;
Thence N45°51'32"W, 72.80 feet;
Thence NOO°29'O8"W, 330.69 feet;
Thence N79°41'30"E, 131.39 feet;
Thence Northeasterly, 815.44 feet, along
a 2886.05 foot radius curve, concave
Southeasterly, whose 812.73 foot chord
Ordinance No. 95-3678
Page 4
bears N87°47'10"E; Thence
S05°52'49"W, 139.75 feet; Thence
Southeasterly, 160,04 feet, along a
600,00 foot radius curve, concave
northeasterly, whose 159.56 foot chord
bears S01 °45'39"E, to the Point of Begin-
ning, Said Tract of land contains 9.13
Acres, more or less, and is subject to
easements and restrictions of record.
SECTION II, ZONING MAP. Upon final pas-
sage, approval and publication of this Ordi-
nance as provided by law, the Building Official
is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to
conform to this zoning amendment.
SECTION III. CONDITIONAL ZONING AGREE-
MENT, Following final passage and approval of
this Ordinance, the Mayor is hereby authorized
and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement
between the property owners and the City,
SECTION IV, CERTIFICATION AND RECORD-
ING. After execution, the City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and the Conditional Zoning Agree-
ment for recordation in the Office of the Re-
corder, Johnson County, Iowa, all as provided
by law.
SECTION V. REPEALER, All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI, 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 adiudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law,
Passed and approved this 23rd day of
May, 1995.
ATTESt: ~ K' ~-~'/
"' CITY CLERK ~~/
Ordinance No. 95-3678
Page 5
It was moved by Pigott and seconded by
as read be adopted, and upon roll call there were:
Baiter
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
PigoR
Throgmorton
that the Ordinance
First Consideration 4/25/95
Vote for passage: AYES: Lehman, Novick,Pigott, Throgmorton, Baker,
Horowitz, Kubby. NAYS :None. ABSENT: None.
Second Consideration 5/9/95
Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Date published 5/31/95
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "City"), and Arlington, L.C., an Iowa General Partnership (hereinafter "Owner").
WHEREAS, Owner, as legal title holder, has requested the City rezone approximately 34.21
acres of land located west of Taft Avenue along Court Street extended from RS-5, Low
Density Single-Family Residential, to CN-1, Neighborhood Commercial (6.92 acres), RM-12,
Medium Density Multi-Family Residential (11.9 acres), and RS-8, Medium Density Single-
Family Residential (9.13 and 7.18 acres); and
WHEREAS, the proposed rezoning will allow the development of a neighborhood commercial
center and areas of higher density residential development than the current RS-5 zoning
permits; and
WHEREAS, Iowa Code §414.5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting the rezoning request, over and above existing regulations,
in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the City wishes to ensure the integration of the neighborhood commercial center
and areas of higher density residential development into the surrounding single-family
residential neighborhood; and
WHEREAS, the City wishes to ensure that traffic generated by the proposed development
does not overburden the existing street system which is not designed to handle a significant
increase in traffic; and
WHEREAS, the City wishes to ensure that the potential wetland that has been identified on
the site is addressed in a satisfactory manner; and
WHEREAS, the proposed rezoning is compatible with adjacent development and the
Comprehensive Plan for the area, provided that certain conditions are adhered to; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate urban development in this area of Iowa City; and
WHEREAS, the Owner has agreed to develop this property in accordance with certain terms
and conditions to ensure appropriate urban development in this area of Iowa City.
NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree
as follows:
Arlington, L.C., an Iowa General Partnership, is the owner and legal title holder of
property located west of Taft Avenue along Court Street extended, which property is
more particularly described as follows:
2
A. RS-5 to CN-I:
Beginning at the Northeast Corner of the Northeast Quarter of Section 18,
Township 79 North, Range 5 West of the Fifth Principal Meridian: Thence
S00°23'59"E, along the East Line of Said Northeast Quarter, 461.45 feet;
Thence S89°41'12"W, 307.67 feet; Thence NOO°23'59"W, 310.36 feet;
Thence S89°02'11 "W, 392.02; Thence N03°48'18"E, 305.49 feet; Thence
Southeasterly 164.10 feet along a 1990.43 foot Radius Curve, concave
Northeasterly, whose 164.05 foot chord bears S88°36'07"E; Thence
N89°O2'11"E, 511.85 feet, to a Point on the East Line of the Southeast
Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal
Meridian; Thence S00°57'49"E, along said East Line, 150.07 feet, to the Point
of Beginning. Said Tract of land contains 6.92 Acres, more or less, and is
subject to easements and restrictions of record.
B. RS-5 to RM~12.
Commencing at the Northeast Corner of the Northeast Quarter of Section 18,
Township 79 North, Range 5 West of the Fifth Principal Meridian: Thence
NOO°57'49"W, along the East Line of the Southeast Quarter of Section 7,
Township 79 North, Range 5 West of the Fifth Principal Meridian, 150.07 feet
to the POINT OF BEGINNING. Thence S89°02'11"W, 511.85 feet; Thence
Northwesterly 349.17 feet, on a 1990.43 foot radius curve, concave
Northeasterly, whose 348.72 foot chord bears N85°56'17"W; Thence
NO9°O5'14"E, 181.12 feet; Thence N31°48'O4"E, 572.39 feet; Thence
NOO°OO'OO"W, 5;J.50 feet: Thence S90°00'00"E, 517.02 feet to a point on
the East Line of said Southeast Quarter of Section 7; Thence S00°57'49 E,
along said East Line 735.01 feet to the Point of Beginning. Said tract of land
contains 11.99 acres more or less, and is subject to easements and restrictions
of record.
C. RS-5 to RS-8 (south of CN-1)
Commencing at the Northeast Corner of the Northeast Quarter of Section 18,
Township 79 North, Range 5 West of the Fifth Principal Meridian; Thence
S00°23'59"E, along the East Line of Said Northeast Quarter, 461.45 feet, to
the Point of Beginning; Thence continuing S00°23'59"E, along said East Line,
215.00 feet; Thence S89°41'12"W, 558.36 feet; Thence S52°08'48"'W,
156.09 feet; Thence Northwesterly, 212.88 feet, along a 834.00 foot Radius
Curve, concave Southwesterly, whose 212.30 foot chord bears N45 °04'55"W;
Thence N52°23'40"W, 43.85 feet; Thence N37°36'20"E, 74.97 feet; Thence
Northeasterly, 321.65 feet; 'along a 545.23 foot Radius Curve, concave
Northwesterly, whose 317.00 foot chord bears N20°42'19"E; Thence
NO3°48'18"E, 83.51 feet; Thence N89°O2'11"E, 392,02 feet; Thence
S00°23'59"E, 310.36 feet; Thence N89°41'12"E, 307.67 feet, to the Point
of Beginning. Said Tract of land contains 7.18 Acres, more or less, and is
subject to easements and restrictions of record.
3
D. RS-5 to RS-8 (western parcel).
Commencing at the Northeast Corner of the Northeast Quarter of Section 18.
Township 79 North, Range 5 West of the Fifth Principa! Meridian: Thence
N89°12'04"W, along the North line of Said Northeast Quarter, 1660.46 feet
to the Point of Beginning; Thence Southeasterly 39.99 feet, along a 600.00
foot radius curve, concave Northeasterly, whose 39.99 foot chord bears
S11 °18'42"E; Thence Southeasterly, 21.56 feet, along a 600.00 foot radius
curve, concave Southwesterly, whose 21.56 foot chord bears S12°11 '31 "E;
Thence S69°18'18"W, 245.36 feet; Thence N89°12'O4"W, 659.86 feet;
Thence N45°51'32"W, 72.80 feet; Thence NOOO29'O8"W, 330.69 feet;
Thence N79 °41 '30"E, 131.39 feet; Thence Northeasterly, 815.44 feet, along
a 2886.05 foot radius curve, concave Southeasterly, whose 812.73 foot chord
bears N87 °47'10"E; Thence S05° 52'49"W, 139.75 feet; Thence Southeaster-
ly, 160.04 feet, along a 600.00 foot radius curve, concave northeasterly,
whose 159.56 foot chord bears S01 °45'39"E, to the Point of Beginning. Said
Tract of land contains 9.13 Acres, more or less, and is subject to easements
and restrictions of record.
Owner acknowledges that the City wishes to ensure that development of the subject
property is compatible with adjacent properties which are zoned RS-5. Therefore,
Owner agrees to certain conditions over and above City regulations in order to ensure
that development of the subject property is integrated into the surrounding single-
family residential neighborhood, does not overburden the existing street system which
is not designed to handle a significant increase in traffic, and does address protection
of the possible existence of a wetland on the site.
In consideration of the City's rezoning the subject property from RS-5 to CN-1, RM-12
and RS-8, Owner agrees that development and use of the subject property will
conform to all' requirements of the CN-1, RM-12 and RS-8 zones, as well as the
following additional conditions:
Development plans for the CN-1 and RM-12 parcels shall be subject to
administrative review and approval by the Director of Planning and Community
Development.
Court Street shall be extended eastward to the site from its current terminus
at Scott Boulevard prior to the development of the subject parcels.
Both RS-8 parcels shall be developed as Planned Development Housing Overlay
zones, and the eastern RS-8 parcel shall contain an open space similar to the
"town square" design shown on the revised concept plan, attached hereto as
Exhibit A.
If it is determined that jurisdictional wetlands are located on the western RS-8
parcel, Army Corps of Engineers' approval shall be required prior to develop-
ment.
The Owner acknowledges that certain conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414,5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change,
4
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to
be a covenant running with the land and with title to the land, and shall remain in full
force and effect as a covenant running with the title to the land unless or until released
by record of the City. The Parties further acknowledge that this Agreement shall inure
to the benefit of and bind all successors, representatives and assigns of the Parties.
Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all applicable local, state and
federal regulations.
The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at City expense,
Dated this ~5-c~ day of
, 1995.
AR Ll~j, L.C.
'-" CRy Attorney s Office ~.~_ ~ ~, 5-'
CITY OF IOWA CITY
~usan M. Horowitz, Mayor ~
Susan K. Walsh, Deputy City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~.&, ~- day of in~an , 1995, before me,
a Notary Public for the State of Iowa, personally appeared Susan M.
Horowitz and Susan K. Walsh, to me personally known, and, who, being by me duly sworn,
did say that they are the Mayor and Deputy City Clerk, respectively, of the City of Iowa City,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation, by authority of
its City Council, as contained in Ordinance No. '~5-.~/,'~ passed by the City Council on
the Z~ day of ~ , 19 ¢'5 , and that Susan M. Horowitz and
Susan K. Walsh acknowledged the execution of th'e-~nstr~ment to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
On this 7th day of April, 1995, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Gary D. Watts and John Moreland, Jr., to me personally
known, who being by me duly sworn did say that they are members of Arlington, L.C., the
Iowa Limited Liability Company executing the within and foregoing instrument, that no seal
has been procured by the corporation; that said instrument was signed on behalf of the
company on authority of its members; and that Gary D. Watts and John Moreland, Jr.,
acknowledge the execution of the foregoing instrument to be the voluntary act and deed of
the company, Arlington, L.C., by it and by them voluntarily executed.
Notary Public in a~State of Iowa
ppdadmln~adngton.cza
EXHIBIT
I
I
L_J
CN'I
RS-8
Iowa CiLy, Iowa
REVISED CONCEPT PLAN
City of Iowa City
MEMORANDUM
Date: May 18, 1995
To:
City Council Members
From:
Gary Klinefelter, Sr. Housing Inspector
Re:
Housing Code Amendments
The process of developing amendments to the Housing Code has been lengthy. The first
amendments (access to security buildings and premises identification) were proposed by the
Fire Marshal and approved by the Housing Commission in the spring of 1994. Changes were
made based on concerns of both the Housing Commission and representatives of the Iowa
City Apartment Owners Association. Over the summer of 1994 the housing staff wrote
additional amendments which were brought before the Housing Commission early fall of
1994. Changes were incorporated at the suggestion of the Housing Commission. Copies of
the amendments, and changes, were routinely sent to officers of the Iowa City Apartment
Association.
BRIEF CHRONOLOGY OF AMENDMENT PROCESS
Amendments proposed by the Fire Marshal forwarded to the Housing Commission and
the Iowa City Apartment Owners Association early spring 1994.
Proposed amendments forwarded to the Housing Commission and officers of the I. C.
A. O. A., early fall 1994.
Changes made to amendments, again to the Housing Commission and I.C.A.O.A., Fall
1994.
Housing inspection staff presented proposed amendments to I.C.A.O.A. members noon
luncheon meeting 3/21/95. 50 copies of the attached two-page document were
handed out. No comments have been received from that presentation.
· Set public hearing 5/9/95.
The amendments proposed specifically adopt fire safety requirements mandated by the State
Fire Code. This code establishes minimum fire safety standards for building which were built
prior to the adoption of Building Codes. These requirements are not as stringent as current
Building Codes.
ATTACHED IS A TWO-PAGE DOCUMENT WITH THE FOLLOWING FORMAT:
· Current code text
· Proposed code text (in bold)
· Staff comment
Attachment
HOUSING CODE AMENDMENTS
NEW TEXT
14-5E-19-A(1 ) MAINTENANCE OF STRUCTURE: Every foundation, roof, floor, wall, ceiling,
stair, step, elevator, bandrail, guardrail, porch, sidewalk and appurtenance thereto shall be
maintained in a safe and soond condition and shall be capable of supporting the loads that
normal use may cause to be placed thereon.
Every structure shall be maintained in compliance with Section 661 Chapter
5 of the Iowa Administrative Code ("state fire code"} and the building codes
in effect at the time the building was constructed. If the use or occupancy is
changed compliance with currently adopted codes is required.
The required occupancy separations shall be provided and maintained in all
structures having mixed or multiple occupancies. The one-hour occupancy
separation between dwellings and garages shall be provided regardless of the
date of construction and may be limited to the installation of materials
approved for one-hour fire-resistive construction on the garage side and a tight
fitting, 20 minute rated door or approved equivalent opening protection.
Staff comment: Compliance with the Iowa Administrative Code is important because
it is the only code which specifically addresses existing residential structures with
minimum structure standards for fire safety. These standards are very helpful because
they apply to buildings which were built before building codes were adopted. Chapter
5 is commonly referred to as the State Fire Code.
The one-hour occupancy separation requirement for an attached garage dates back to
the first Building Code adopted in Iowa City, the 1955 edition of the Uniform Building
Code. The hazard associated with parking vehicles within a residential structure has
been recognized for many years and we feel that this should apply to residential
structures which were built prior to the adoption of the 1955 U.B.C.
14-5E-17-F.2.d EXITS: Doors and windows readily accessible from outside the unit shall be
lockable from inside the unit. Double cylinder deadbolts may not be used on doors
located in habitable areas or on any exit door. Exit doors shall be openable
from the inside without the use of a key or any special knowledge or effort.
Staff comment: This sentence was inadvertently deleted in the recent codification
process.
14-5E-19-F EXTERIOR SURFACES: (All new text.) All exterior surfaces of a dwelling
and its accessory structures, fences, porches, and similar appurtenances
which are subject to decay or deterioration shall be protected from the
elements and against decay, or deterioration by properly primed and painted
nonlead-based paint or other approved protective covering. (Guidelines for the
removal of lead-based paint are located in appendix B).
Staff comment: This section was changed to include other surfaces which deteriorate
and require protection such as metal roofing, iron or metal handrails/guardrails etc.
14-SE-19-Q FIRE PROTECTION: (Additional text.)
Chapters referenced for testing of automatic sprinkler systems (N.F.P.A. Chapters 13 and
13R) changed to Chapter 25.
Approved numbers or addresses shall be placed on all buildings in such a
position as to be plainly visible and legible from the public way fronting the
property, and from the vehicle access area if vehicle access is from other than
the front of the building. Said numbers and letters shall contrast with their
background and shall be a minimum of four (4) inches in height. Where
access to or within a multi-family structure or any area is unduly difficult
because of secured openings or where immediate access is necessary for life
saving and fire fighting purposes, a key box shall be installed in an approved
location. The key box shall be a type approved by the Fire Chief and shall
contain keys and/or access code(s) necessary to gain access. If applicable,
a key switch may be installed in an approved location.
Staff comment: This language was previously approved by the Housing Commission
but has not been passed on to the City Council yet.
14-5E-17-G.1 NATURAL LIGHT
Every habitable room, except a kitchen, shall have at least one window or skylight facing
directly to the outdoors. The minimum total window or skylight area, as measured between
the stops, for every habitable room, except the kitchen, shall be at least eight percent (8%)
of the floor area of such room or that amount of window and/or skylight area specified by the
Building Code.
Replace with:
Every habitable room, except a kitchen, shall have at least one window or
skylight facing directly to the outdoors. The minimum total glazed window
or skylight area, for every habitable room, except the kitchen, shall be at least
8% of the floor area of such room.
See comment below.
14-5E-17-H.2.b. NATURAL VENTILATION
The total openable window area in every habitable room shall be equal to at least forty five
percent (45%) of the minimum window area as required above.
Replace with:
The total openable window area, as measured between stops, in every
habitable room shall be equal to at least four percent (4%) of the floor area of
such room.
Staff comment: These changes are made so that the Housing Code reads the same
as the Building Code.
CHAPTER 3
CITY UTILITIES
ARTICLE H. SOLID WASTE~
SECTION:
14-3H- 1:
14-3H- 2:
14-3H- 3:
14-3H- 4:
14-3H- 5:
14-3H- 6:
14-3H- 7:
14-3H- 8:
14-3H- 9:
14-3H- 10:
14-3H- 11:
Purpose
Definitions
Application of City and County Regulations
Enforcement
Rules and Regulations
Prohibited Practices
Commercial Solid Waste Haulers
Storage of Solid Waste
Collection and Disposal of Solid Waste
Solid Waste Disposal Requirements
Littering
14-3H-1: PURPOSE: The purpose of this Article is to provide for the health, safety and
welfare of the citizens of the City by providing for the collection and disposal of solid waste;
by regulating the storage, collection, transportation, processing, disposal, recycling, reuse and
littering of solid waste; and by providing for the collection and disposal of solid waste. (1978
Code §15-1)
14-3H-2: DEFINITIONS: As used in this Article, the following definitions shall apply. The
word "shall" is mandatory; the word "may" is permissive. Terms not defined shall have the
meanings customarily assigned to them in Webster's New Collegiate Dictionary. Uses not
defined or listed shall have the meanings as defined in or categorized according to the
Standard industrial Classif/cation (SIC) Manual, Superintendent of Documents, U.S.
Government Print/rig Office.
~See Section 14-4D-8 of this Title for solid waste regulations in manufactured housing parks,
APPLIANCES: Machines common to residential household use and shall include refrigerators,
stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters,
furnaces, air conditioners, dehumidifiers, console television sets, stereo systems, lawn
mowers and any device containing a gasoline engine, an electric motor or an electric
capacitor.
BUILDING DEMOLITION MATERIALS: Waste material from the construction, destruction or
demolition of residential, commercial or industrial buildings or structures, except brick, ~
foundation materials and untreated wood waste.
BULKY RUBBISH: Nonputrescible refuse consisting of combustible and/or noncombustible
waste materials which are either too large or too heavy to be placedin a thirty-five (35) gallon
container and/or safely and conveniently loaded into solid waste transportation vehicles by
solid waste collectors.
COMMERCIAL SOLID WASTE: Solid waste resulting from the operation of any commercial,
industrial, institutional, agricultural or other establishment and shall also include solid waste
resulting from multiple dwelling facilities having more than four (4) dwelling units.
DEMOLITION; Substantial destruction of a building or structure and a substantial removal of
the interior of a building or structure.
DIRECTOR: The City Manager or designee.
DISPOSABLE SOLID WASTE CONTAINER: Disposable plastic or paper sacks, specifically
designed for storage of solid waste, having a capacity of five (5) to thirty five (35) gallons.
DWELLING: A building wholly or partially used or intended to be used for residential
occupancy.
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a
dwelling and forming a single unit possessing facilities which are used or are intended to be
used for living, sleeping, cooking and eating of meals.
3
GARBAGE: Putrescible animal or vegetable wastes resulting from the handling, preparation,
cooking, serving or consumption of food.
HAZARDOUS WASTES: Includes, but is not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic radioactive materials and those wastes included
by definition in the Code of Iowa and Rules of the Iowa Department of Natural Resources or
its successor, all as amended.
LANDFILL: The Iowa City landfill located in Johnson County, Iowa.
LANDFILL SERVICE AREA: Johnson County, including both incorporated and unincorporated
cities located therein, together with the cities of Riverside and Kalona, for which Iowa City
provides landfill services herein.
OCCUPANT: Any person who, alone or jointly or severally with others, shall be in actual
possession of any dwelling unit or any other improved or unimproved real property, either as
owner, landlord, tenant, resident or operator.
OFFENDING PARTY: Any person, operator, responsible party, resident, entity or occupant
who has been given notice of a violation of this Article and who has not yet cured or remedied
the offense.
OFFENDING PROPERTY: That property in violation of this Article and which offense has not
been cured or remedied.
OPERATOR: ; n¥ user, responsible party, occupant, entity, business, firm, corporation,
governmental entity, association, partnership, venture or any combination thereof or any
agent, fiduciary or representative thereof who occupies, possesses, uses or owns property
within the Iowa City landfill service area and/or who stores or generates solid waste within
the Iowa City landfill service area.
OWNER: Any recognized interest of ownership in real or personal property, including legal and
equitable property interests.
4
PERSON: Includes an individual person, user, responsible party, entity, business, firm,
co~'poration, association, partnership, venture or any combination thereof or any agent,
representative or fiduciary thereof.
PREMISES: Includes any interest in real property, including but not limited to buildings and
improvements, whether intended for or used for residential, commercial or industrial use.
PROCESSING: Bailing, compacting, cornposting, incinerating, recycling, separating and
shredding, together with all other processes whereby solid waste characteristics are either
modified or solid waste quantity is reduced.
RECYCLING: Any process by which solid waste is collected, separated, processed or returned
to use in the form of raw materials or products. "Recycling" shall include the composting of
yard waste but does not include any form of energy recovery.
REFUSE: Solid waste not required to be recycled or reused.
RESIDENCE: Any dwelling either intended for and/or being used for residential use.
RESIDENT: Any person or group of persons who occupies a residential dwelling, dwelling unit
or rooming unit.
RESIDENT/AL REFUSE: Refuse excluding appliances, bulky rubbish, and construction
demolition waste.
RESIDENTIAL SOLID WASTE: Solid waste resulting from the maintenance and operation of
single-family, duplex, triplex and four-plex dwellings, including solid waste from operation of
a home occupation which complies with the requirements of the applicable zoning ordinance.
~See Chapter 6 of this Title.
RESPONSIBLE PARTY: Any person, persons or governmental entity who applies for, who
obtains or who is issued an account for sewer, water~ and/or solid waste service and includes
any person who pays an individual account for any one or a combination of the following
services: water, sewer and solid waste collection. "Responsible party" shall also mean an
account holder of the above accounts. If more than one person is listed on an account, both
persons shall be deemed a responsible party for purposes of collection, storage and disposal
of solid waste and compliance with this Article.
REVOCATION: Withdrawal of privileges, termination of landfill permits apd withholding of
access to the landfill site. Revocation may be carried out by the Director upon determination
by the Director that sufficient cause .exists to revoke, after notice and an opportunity to cure
the defect or to rebut the existence of the offending cause.
ROOMING UNIT: Any habitable room or group of adjoining habitable rooms located within a
dwelling and forming a single unit possessing facilities which are used or intended to be used
primarily for living and sleeping. A "rooming unit" shall have bath and toilet facilities available
for exclusive use by the occupants or for communal use. In addition, a rooming unit may
have kitchen and dining facilities available for use by the occupants therein. For purposes of
this Article, two (2) rooming units shall be deemed the equivalent of one dwelling unit.
SOLID WASTE: Unwanted or discarded waste materials in a solid or semi-solid state,
including but not limited to garbage, ashes, refuse, sludge, yard waste, appliances, special
waste, demolition and construction wastes, and residential, commercial and industrial wastes.
SOLID WASTE CONTAINER: A receptacle used by any person or operator to store solid
waste during the interval between solid waste collections.
SOLID WASTE DISPOSAL: The process of discarding or getting rid of unwanted material; in
particular, the final disposition of solid waste.
tSee Articles C, D, E and F of this Chapter for water and sewer use and service.
SOLID WASTE MANAGEMENT: The entire solid waste system of planning and administering
storage, collection, removal, transportation, processing and disposal of solid waste.
SPECIAL WASTE: Solid waste that must be handled or processed in a special manner prior
to disposal at the landfill.
STORAGE: Keeping, maintaining or storing solid waste from the time of its production until
the time of its collection and removal.
TRANSPORTATION: The transporting of solid waste from the place of collection or
processing to the Iowa City landfill.
UNCLASSIFIED WASTE: Includes any material disposed of at the landfill which r~ not defined
as solid waste.
UNTREA TED WOOD WASTE: includes tree limbs, brash, Christmas trees, and untreated
/umber.
YARD WASTE: Grass, leaves, trees, brush and garden residue. (1978 Code §15-2)
14-3H-3: APPLICATION OF ClT. Y AND COUNTY REGULATIONS: Provisions of this Article,
together with any provision of any ordinance administered by the County Board of Health
which is not in conflict with this Article, shall govern the City's management of solid waste.
(1978 Code §15-3}
14-3H-4: ENFORCEMENT:
A. Inspections and Remedies:
In order to ensure compliance with this Article and the rules promulgated
pursuant hereto, together with all applicable County, State and Federal laws
and regulations, the Director is authorized to inspect all phases of solid waste
management within the jurisdiction of Iowa City. In all cases where such
7
inspections reveal that the storage, collection, transportation, processing,
disposal, recycling or reuse of solid waste are in violation of this Article or rules
promulgated pursuant hereto and/or are in violation of State or Federal law,
such violation shall constitute a nuisance and/or an environmental infraction
under both State and local law. In such event, the City may, at its option, elect
to carry out any one or all of the following remedies:
Prosecute environmental infractions under subsection I-4~2A, definition
of "environmental infraction," of the City Code;
Withhold solid waste management services from that person, dwelling,
commercial or industrial, business, institution or government entity;
c. Deny or revoke any permit under this Article;
d. Terminate a service account;
e. Dispose of any nonconforming solid waste container; or
Abate the nuisance in accordance with Title 6, Chapter 1 of the City
Code; or
g. Abate the nuisance under the Code of Iowa, as amended.
2. Election of any one of these remedies by the City shall not preclude the City
from pursuing any other remedy, and such remedies are deemed cumulative and
not exclusive.
Notice Requirements:
Notice of any such City determination that a prohibited nuisance exists shall be
given to the offending party as follows:
8
a. Be given in writing to the person or operator at the last known address.
b. State that the City has determined that a violation of this Article exists,
Describe the violation, with reference to the applicable provisions of this
Article, rules or other applicable County, State or Federal law.
Advise what actions are required to be taken by the offending party to
remedy the violation.
The notice shall be deemed to be properly served if it is personally served, if it
is posted in a conspicuous place on the offending property or building or if a
copy thereof is sent by ordinary mail, with sufficient postage affixed, to the last
known address of the person or operator. (1978 Code §15-4)
14-3H-5: RULES AND REGULATIONS:
The Director may make, amend, revoke and enforce reasonable and necessary rules
and regulations governing, but not limited to:
Specifications for solid waste containers, including the type, composition,
equipment, size, weight and shape thereof.
Weight and size limitations on bundles of solid waste too large for solid waste
containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules and routes for collection and transportation of solid waste by City
personnel.
Collection points of solid waste containers.
9
6. Special identification requirements for use of solid waste containers.
7. Collection, transportation, processing and disposal of solid waste,
8. Storage of solid waste.
9. Records of quantity and types of solid waste received at disposal facilities..
10. Handling of hazardous wastes, special wastes, toxic wastes, sludges, ashes,
agricultural waste, construction waste, bulky items, tires, automobiles, oils,
greases, yard waste, batteries, appliances and recyclables. (1978 Code §15-5)
11. Specialcarryout service for the elderly and disabled. (1978Code §15-5; 1994
Code)
12. Collection of residential solid waste resulting from the operation and mainte-
nance of more than four (4) dwelling units.
13. Billing and collection of disposal service charges at the landfill.
14. Hours of operation for the landfill.
B. A copy of any and all rules and regulations issued under the provisions of this Section
shall be filed in the office of the City Clerk and shall be available for public inspection
during normal business hours. (1978 Code § 15-5)
14-3H-6: PROHIBITED PRACTICES~: It shall be prohibited for any person or operator or any
agent or representative thereof to:
A. Deposit solid waste in any solid waste container other than in a solid waste container
either owned by the depositor or properly and lawfully leased by the depositor.
~See also subsection 6-1-2A of the City Code for nuisance provisions.
10
Interfere in any manner with the collection, storage or transportation of solid waste,
interfere with the equipment for the use of such collection, storage or transportation
or interfere with solid waste collectors in the lawful performance of their duties.
Throw, cast, place, lay or permit placement of any refuse into or on any receptacle
specifically designated by the City or private entity as a receptacle to be used only for
deposit of recyclable or reusable waste.
Deposit recyclables or reusable waste in containers or at locations not specifically
designated for such waste.
E. Litter. (1978 Code §15-6)
14-3H-7: COMMERCIAL SOLID WASTE HAULERS:
Permit Required; Exemptions: No person or operator shall engage in the business of
receiving, collecting, transporting, processing, recycling or disposing of solid waste
within the Iowa City landfill service area without first obtaining an annual permit from
the City; provided, however, that this subsection shall not be deemed to apply to
employees of the holder of any such permit. No permit shall be required for episodic
or irregular collection and transportation of building demolition material or brick or
foundation materials or of dirt or rock materials from grading or excavation activities.
However, a permit shall be required for persons who provide building demolition
services or who collect and dispose of building demolition materials on a regular basis.
(1978 Code §15-10)
Application for Permit: Each applicant for any permit required by subsection A of this
Section shall state in its application:
The characteristics of solid waste to be collected, transported, processed,
disposed of or recycled.
2. The number of solid waste transportation vehicles to be operated.
11
The precise area served and the name of any person or operator served, if any.
That its employees have an understanding of applicable local, State and Federal
laws and practices governing the collection and disposal of solid waste.
Such other information as may be required by the Director. (1978 Code
§15-11)
C. Issuance of Permit; Term; Fee:
If the application for the permit required by subsection B of this Section and
City inspection show that the applicant will collect, transport, process or
dispose of solid wastes without hazard to the public health or damage to the
environment, and that such collection, transportation process or disposal will
conform with all applicable State, Federal and local laws and this Article, then
the Director shall issue the permit authorized by this Section. A permit sticker
shall be applied to the upper right-hand corner of the right door of all solid
waste transportation vehicles. The permit shall be issued for a period of one
year, and each applicant shall pay an annual fee as provided in Title 3, Article
4 of the City Code.
Nothing in this subsection shall prejudice the right of the applicant to reapply
after the denial of the application, provided all aspects of the reapplication shall
comply with the provisions of this Article. (1978 Code § 15-12)
Transferability of Permit: Permits authorized under this Article shall be deemed
personal to the applicant and shall not be transferable or assignable in any manner
unless specifically approved by the Director. (1978 Code § 15-13)
14-3H-8: STORAGE OF SOLID WASTE:
Containers Required: The resident, occupant, operator or owner of every dwelling unit,
residence and of every institutional, commercial, business, industrial or agricultural
12
establishment producing solid waste shall provide containers of sufficient number and
adequate quality for the storage of all solid waste, sufficient to properly serve each
dwelling unit and/or establishment and shall maintain such solid waste containers in
reasonable repair. This provision shall not apply to bulky rubbish, appliances,
demolition or construction waste. (1978 Code §15-20)
Required Use and Maintenance of Containers and Surrounding Areas: The occupant,
resident, operator or owner of every dwelling unit, residence and of every institutional,
commercial, industrial, agricultural or business establishment shall place all solid waste
to be collected in proper solid waste containers, except as otherwise provided in this
Section, and shall maintain such solid waste containers and the areas surrounding such
containers in a reasonably clean, neat and sanitary condition at all times. (1978 Code
§15-21)
Container Specifications:
Residential Refuse: Residential refuse shall be stored in containers of not more
than thirty five (35) gallons in capacity, nor less than twenty (20) gallons in
capacity. Containers shall be leakproof, waterproof and fitted with a fly-tight
lid and shall be properly covered at all times, except when depositing waste
therein or removing the contents thereof. The containers shall have handles,
bails or other suitable lifting devices or features. Containers shall be of a type
originally manufactured for residential solid waste, with tapered sides for easy
emptying. The containers shall be of light weight and sturdy construction.
The weight of any individual container, including contents, shall not exceed
$!xt;' ~0) fifty (50) pounds. Galvanized metal containers or rubber, fiberglass
or plastic containers which do not become brittle in cold weather are deemed
appropriate. Disposable solid waste containers, as approved by the Director,
may also be used for storage of residential solid waste.
o
Residential Yard Waste: Residential yard waste collected by the City shall be
stored in yard waste plastic bags to be provided by the City for a fee. The
13
plastic yard waste bags will be available for purchase at various retail stores in
Iowa City. The fee for such yard waste plastic bags shall be as established in
Title 3, Article 4 of the City Code. In lieu of plastic bags, an annual stamp may
be purchased for placement of a nondisposable container complying with the
requirements of subsection C1 of this Section. The fee for said stamp shall be
established in the schedule of fees, Title 3, Chapter 4 of the City Code.
Recycling Waste: Residential solid waste designated by the City for recycling
shall be stored in oontainor~, whioh may bo either a City-supplied recycling
containeroran approved oomp3rtmcntalizcd container, of not more than thirty-
five (35) gallons in capacity, nor less than five (5) gallons in capacity.
Containers shall be leakproof, waterproof and fitted with a tight lid and shall be
properly covered at all times, except when depositing waste therein or
removing the contents thereof. The containers shall be of light weight, sturdy
construction. The weight of any individual container, including contents, shall
not exceed c!x*,;' {~0) fi£ty(50) pounds. Galvanized metal containers or rubber,
fiberglass or plastic containers which do not become brittle in cold weather are
deemed appropriate. Disposable solid waste containers shall not be used for
storage of recycling waste. Each item designated by the City for recycling shall
be stored in a separate or approved compartmentalized container except for
cardboard.
Commercial Solid Waste: Commercial solid waste shall be stored in solid waste
containers as approved by the Director. The containers shall be waterproof,
leakproof and shall be covered at all times, except when depositing waste
therein or removing the contents thereof. Commercial solid waste containers
stored on City property shall be waterproof and leakproof and shall be covered
at all times with an watertight lid locked in position, except when depositing
waste therein or removing the contents thereof. Commercial solid waste
containers shall be steam cleaned at least twice each year, once during the
month of May and once during the month of August.
14
Nonconforming Containers: Any container that does not conform to subsec-
tions C1, C3 and C4 of this Section must be promptly replaced by an approved
solid waste container upon receipt of written notice from the City. If not
replaced within seven (7) calendar days after delivery of such notice, the
container and its contents may be disposed of by the City as waste. (1978
Code §15-22)
Storage of Limbs and Bruch and Untreated Wood Waste: Tree and limb~, brush ~imbs
and untreatedlumber measuring less than four inches (4") in diameter, together with
brush being stored for pickup, shall be securely tied in bundles not larger than forty-
eight inches (48"} long and eighteen inches (18") in diameter when being stored other
than in storage containers. The weight of any individual bundle shall not exceed sixty
(60) pounds fifty (50). (1978 Code § 15-23)
E. Location of Solid Waste Containerst:
Residential solid waste containers shall be stored upon private property.
Commercial solid waste containers shall be stored upon private property unless
both the owner of the container and the owner or operator of the premises shall
have been granted written permission from the City Council, by way of written
agreement, to use public property for such purposes.
The storage site for both residential and commercial solid waste containers shall
be well drained, whether stored on public or private property. Further, the
storage site for the container shall be fully accessible to collection equipment,
to public health personnel and to fire inspection personnel.
Regardless of whether permission has been granted by the City for storage on
public property, commercial solid waste containers shall not be placed in the
area between any building and the street right-of-way, including areas
~See subsection 14-SH-5G of this Title, six foot (6') screen required.
15
commonly referred to as "parking" between the curb and the private property
line. In cases where a container cannot physically be located anywhere but
between the building and street right-of-way, the Director may approve a
location if properly screened. Containers located within fifty feet (50') of a
street right-of-way must be screened from view from the right-of-way.
In the event a solid waste container becomes a nuisance by reason of litter, the
City may require the entire container storage area to be enclosed by a fence or
structure sufficient to prevent litter. However, nothing herein shall be
construed to create any duty on the City to collect commercial solid waste
specifically prohibited under subsection 14-3H-9F of this Article. (1978 Code
§ 1 5-24)
14-3H-9: COLLECTION AND DISPOSAL OF SOLID WASTE:
A. Collection from Residential Dwellings:
1. Collection of Refuse:
The City shall collect all residential refuse resulting from the operation
and maintenance of single-family, duplex, triplex and four-plex dwell-
ings, as defined in the Zoning Ordinance~, when each dwelling or
dwelling unit is located on its own lot with frontage on a public street.
The City shall make such collections once per week whenever reason-
ably possible. The Director is authorized to adopt regulations and to
enter into written agreements to provide residential solid waste
collection to other dwellings. Residential refuse collection shall be
mandatory. Private collection of residential solid waste, as defined in
Section 14-3H-2 of this Article, is prohibited. The owner, responsible
party, occupant or operator of such premisee will be billed for collection
~See Chapter 6 of this Title.
16
and disposal in the amount provided in the schedule of fees, Title 3,
Chapter 4 of the City Code.
Those dwellings receiving City refuse collection service on the effective
date hereof, which would not be entitled to receive such service under
the terms of this subsection, may continue to receive City refuse
collection service. In the event such service is voluntarily discontinued
by the owner of any such dwelling for any period of time, the City may
terminate refuse collection service to such dwelling.
The Director may exempt qualifying dwellings from the City's mandatory
collection herein if the Director determines that the dwelling and an
adjacent establishment which generates commercial solid waste is part
of one complex of buildings, which together serve a unified purpose.
(1978 Code ~15-30)
J
Collection of Yard Waste: Residential yard waste shall be collected separately
from other solid waste in the same manner as residential refuse and in
accordance with the provisions of subsection A1 of this Section. However,
collection of yard waste by the City is not mandatory. Only residential yard
waste properly stored in bags provided by the City, as provided by subsection
14-3H-8C of this Article and free from all other solid waste shall be collected
for disposal. Residential yard waste not properly bagged or placed in stamped
containers shall not be collected by the City. (1978 Code § 15-33)
Recycling Waste: Residential recycling waste may be collected separately from
other solid waste in the same manner as residential refuse and in accordance
with the provisions of subsection A1 above, except celloetlon shall ooour onoo
every other week. Residential recycling waste collected separately shall include
newsprint, clear glass containers, metal cans, ~ plastic containers (#1 and
//2) and cardboard [corrugated and chipboard). Clear glass containers, metal
cans and plastic containers must be ~horoughly rinsed prior to disposal. The
17
residential recycling of waste itemized in this subsection A3 is not mandatory.
Only properly stored recycling waste shall be collected. (1978 Code § 15-34)
Certain Wastes Not Subject to Collection:
The City will not collect any of the following solid waste materials from
any dwelling, residence or residential premises served by City solid
waste collection service: lead acid batteries, waste oil, construc.
rich/demolition materials (except untreated wood) or any substance or
material determined by the Director to be hazardous or unacceptable for
collection. The Director may adopt and enforce regulations, based on
health and safety concerns, specifying additional substances and
materials not subject to collection, as provided under Section 14-3H-5
of this Article.
Load acid battcriec and wWaste oil e~e is cubject to disposal maybe
disposed of at City solid waste disposal facilities as provided in Section
14-3H-10 of this Article.
No person or operator shall obtain or attempt to obtain City collection
of solid waste or other substances or materials herein declared not
subject to collection. Any such separate attempt and/or action by such
offending party shall constitute a separate offense of this provision and
Section 14-3H-4 of this Article. The City's costs for retrieving such
substances or materials from the collection vehicle or from the City's
disposal site and/or for cleaning up the collection vehicle or disposal site
shall be chargeable to the responsible party for the solid waste collection
account for the residence, dwelling or premises where such substances
or materials were placed for collection or where actually collected. If no
account has been established, notice of a violation of this provision shall
be given to the offending party, as provided in Sections 14-3H-4 and
14-3H-6 herein. (1978 Code §15-35)
18
B, Collection of Tires, Appliances and Bulky Rubbish:
Appliances and Tires: Appliances and tires discarded from use at
premises to which collection services are provided by the City will be
collected by the City at such residential premises but only upon prior
request and arrangement with the City, The owner, responsible party,
occupant or operator of such premises will be billed for collection and
disposal of each such appliances and tires in the amount provided in the
schedule of fees, Title 3, Chapter 4 of the City Code,
Bulky Rubbish: Bulky rubbish from premises to which collection services
are provided by the City will be collected but only upon prior request and
arrangement with the City, provided the bulky rubbish does not exceed
five specific item~ and does not exceedreasonable limitations of weight
and bulk, as determined by the Director. (1978 Code §15-31) The
owner, responsible party, occupant or operator of such premises will be
billed on a per collection basis in the amount provided in the schedule
of fees, Title 3, Chapter 4 of the City Code.
Collection of Trco and Brush Limbs Untreated Wood Waste: Tree, =.".d brush
limbs and untreated lumber shall be collected as bulky rubbish forno fee. Tree
and brush limbs created by commercial tree service operations or by the
clearing of land for construction will not be collected by the City. (1978 Code
§15-32)
Times and Location of Collection Containers: Refuse containers, recycling
containers, troo, and brush limbs anduntreated wood waste bundles, and yard
waste containers, as described in subsections 14-3H-8C and D, respectively,
of this Article, together with other solid waste permitted to be placed at the
curb, shall be placed for collection at the curb of the street upon which the
residence, dwelling or premises fronts. Rcfuso oontainor=, yard wasto
oontainorc and rooyoling wasto oontainors Each type of waste listeel herein
must be physically separated in order to enable the solid waste collector to
19
easily identify differing contents as well as differing containers. Yard waste
containers and recycling waste containers must be clearly marked as such.
Placement of solid waste at the curb for collection shall occur prior to seven
o'clock (7:00) A.M. on the regularly scheduled collection day but shall not
occur before three o'clock (3:00) P.M. on the day before the regularly
scheduled collection day. Containers shall be removed from the curb on the
same day collection is made and returned to a location reasonably near the side
or back of any permanent building on the premises. (1978 Code § 15-36)
Responsibility for Compliance: It shall be the responsibility of the owner,
operator or responsible party for any residence or dwelling containing two (2),
three (3) or four (4) dwelling units to effectuate compliance with the provisions
of subsection D of this Section. For single-family dwellings, the owner,
occupant, operator or the person who is the responsible party for the solid
waste collection account or the person who pays the solid waste collection fee
shall be responsible for compliance with the provisions of said subsection D.
In the event the fee is unpaid, the owner, occupant or operator of the premises
or the responsible party for the premises shell be responsible for compliance
with this Article and shall be deemed the responsible party for purposes of
securing compliance. (1978 Code § 15-36)
t O
Collection from Certain Premises by the City Prohibited: The City shall not
collect any commercial solid waste, excepting collection from the City's own
property, nor shall the City collect any residential solid waste from any dwelling
units within a structure which, in addition to the residential solid waste,
contains the operation of any commercial, industrial, institutional, agricultural
or other establishment and which generates commercial, industrial, institutional
or agricultural waste or any combination thereof or which operation generates
other than residential solid waste. (1978 Code § 1 5-38)
G. Responsibility of Collectors:
20
Solid waste collectors shall be responsible for the collection of solid
waste from the point of collection to the transportation vehicles but only
if the solid waste was stored in compliance with Section 14-3H-8 of this
Article, Any spillage or blowing litter caused or resulting from the
collection activities of the solid waste collector shall forthwith be
retrieved by the offending party and placed in the transportation vehicles
by the solid waste collector~.
All solid waste transportation vehicles shall be maintained in a safe,
clean and sanitary condition and shall be constructed, maintained and
operated to prevent spillage of solid waste. All vehicles used for
transportation of solid waste shall be constructed with watertight bodies
and with covers which shall either be an integral part of the vehicle with
only loading hoppers exposed or shall be a separate cover of suitable
material with fasteners designed to secure all sides of the cover to the
vehicle. If the cover of the solid waste transportation vehicle is
separate, it shall be secured whenever the vehicle is transporting solid
waste. No solid waste shall be transported in the loading hoppers.
Permits shall not be required for the removal, hauling or disposal of dirt
and rock material from grading or excavation activities; however, all
such material shall be conveyed in tight vehicles, trucks or receptacles,
constructed and maintained in such a manner that none of the material
being transported can spill upon the public right-of-way.
Storage of transportation vehicles used or intended to be used for
collection and transportation of garbage is prohibited in all residential
zones. (1978 Code §15-39)
~See also subsection 14-3H-11C4 of this Article.
21
Residential Collection Fees: The fees for the collection of residential solid waste from
residential premises, as defined in section 14-3H-2 of this Article, shall be as provided
in the schedule of fees, Title 3, Chapter 4 of the City Code. (1978 Code § 15-40)
14-3H-10: SOLID WASTE DISPOSAL REQUIREMENTS:
Disposal Facilities: Solid wastes shall be deposited at a processing facility or disposal
area consistent with all requirements of local, State and Federal law. Only persons or
operators residing, located or operating within the landfill service area may dispose of
solid waste at the landfill, and only provided, that such solid waste was generated by
activities or operations occurring within the landfill service area. (1978 Code § 15-50)
Hazardous or Special Waste: The Director may adopt regulations classifying certain
wastes as hazardous or special wastes and may, pursuant to such regulations, prohibit
the disposal of such wastes at the Iowa City landfill or require special handling thereof,
as provided in Section 14-3H-5 of this Article. (1978 Code § 15-51 )
Disposal of Load Aoid I~attcriec and Waste Oil: Persons or operators residing, located
or operating within the landfill service area may dispose of load aoid battories and
waste oil from their private or oommoroial vehicles by delivering same to locations
approved by the Director, provided such wastes were generated by activities or
operations located and operating, in whole or in part, within the landfill service area.
(1978 Code §15-52)
Disposal Restrictions atthe Landfill: Persons or operators residing, located or operating
within the landfill service area may dispose of the follcwing at the landfill, provided
such wastes were generated by activities or operations occurring within the landfill
service area:
Appliances. Appliances deposited at the landfill in a crushed condition or so
damaged as to prevent removal of capacitors or ballasts, shall be subject to a
surcharge fee, to be established in the schedule of fees, Title 3, Chapter 4 of
the City Code. (1978 Code §15-53)
22
2. Tires. (1978 Code §15-54)
3. Yard waste. (1978 Code §15-55)
Appliances, Yard Waste and Tires to be Separated from Other Solid Waste for
Disposal: Appliances, yard waste and tires may not be mixed with other solid waste
delivered to the landfill for disposal. Persons or operators disposing of appliances, yard
waste or tires at the landfill shall separate those items from other solid waste materials
and shall deliver and unload them at the sites designated by the City for disposal of
such items. (1978 Code §15-56)
Penalties for Improper Disposal or Disposal of Prohibited or Hazardous Waste: It is
prohibited for any person or operator to deposit solid waste at the landfill in a location
other than that provided by the Director or as directed by landfill personnel. It is
further prohibited for any person or operator to dispose or attempt to dispose of
hazardous or prohibited waste at the landfill in a manner or in a location other than that
provided by the Director pursuant to subsection B of this Section. It is also prohibited
for any person or operator to dispose or attempt to dispose of appliances, yard waste
or tires at the landfill in a manner or at a location other than that provided pursuant to
subsections D and E of this Section. Violations of either this provision or of any
regulations adopted by the Director pursuant to subsection B of this Section shall
constitute either a simple misdemeanor or a Municipal infraction, and each violation
shall constitute a separate offense~. The City's costs for retrieving such substances
or materials from the landfill disposal site and/or for any costs incurred by the City for
cleaning up the disposal site shall be chargeable to the offending party or parties.
Repeated violations of this provision or of regulations adopted by the Director pursuant
to subsection B of this Section shall be sufficient cause for the City's revocation of the
landfill disposal privileges of an offending party, after written notice of the City's
intention to revoke. (1978 Code §1 5-57)
~See Title 1, Chapter 4 of the City Code for penalty provisions.
23
Disposal Fees: The fees for disposal of solid waste shall be as provided in schedule
of fees, Title 3, Chapter 4 of the City Code. (1978 Code §15-58)
14-3H-11: LITTERING:
Short Title: This Section shall be known and may be cited as the IOWA CITY
ANTI-LITTER ORDINANCE. (1978 Code § 15-70)
Definitions: In addition to the definitions set forth in Section 14-3H-2 of this Article,
for purposes of t6is Section, the following definitions shall apply:
AIRCRAFT: Any contrivance now known or hereafter invented, used or designed for
navigation or for flight in the air. The word "aircraft" shall include helicopters and
lighter-than-air dirigibles and balloons.
LITTER: "Garbage," "refuse" and "rubbish," as defined in this Article, together with
all other solid waste material which, if thrown or deposited as herein prohibited,
unreasonably endangers public health, safety and welfare.
NEWSPAPER: Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in
accordance with Federal statute or regulation, and any newspaper filed and recorded
with any recording officer as provided by general law; and, in addition thereto, shall
mean and include any periodical or current magazine regularly published with not less
than four (4) issues per year and sold to the public.
PARK: A park, reservation, playground, beach, recreation center or any other public
area in the City, owned or used by the City and devoted to active or passive
recreation.
PRIVATE PROPERTY or PREMISES: Any dwelling, house, building or other structure
designed or used, either wholly or in part, for private residential business, commercial
or industrial purposes, whether inhabited or temporarily or continuously uninhabited
24
or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging to or appurten~nt to such dwelling, house, building or other
structure.
PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public
ways, together with any and all public parks, squares, spaces, grounds and buildings.
RECEPTACLE: A litter storage and collection container as required and authorized in
Section 14-3H-8 of this Article.
VEHICLE: Every device in, upon or by which any person or property is or may be
transported or drawn upon a highway, including devices used exclusively upon
stationary rails or tracks. (1978 Code § 15-71)
Go
Restricted and Prohibited Acts and Conditions:
Littering Generally: No person shall throw or deposit litter on or upon any
public place within the City, except in public receptacles or in authorized private
receptacles for collection and disposal, Any person who drops or permits to be
dropped or thrown upon any public place any of the above-described materials
upon any County road or State highway shall immediately remove the same or
cause it to be removed, and failure to do so shall constitute a violation of this
Article. (1978 Code §15-72)
Sweeping Litter into Public Places: No person shall sweep or deposit litter or
any accumulation of litter from any building or lot or from any public or private
sidewalk or driveway into or in any gutter, alley, street or other public place
within the City. Persons owning, operating or occupying property shall keep
the sidewalk in front of their premises free of litter. (1978 Code § 15-74)
Throwing Litter from Vehicles: No person, while s driver or passenger in a
vehicle; shall throw or deposit litter upon any street or other public place within
the City or upon private property. (1978 Code § 15-75)
25
4. Operation of Trucks Causing LitterS:
No vehicle carrying a load of materials shall be driven or moved on any
State highway, County road or City street unless such vehicle is so
constructed or loaded as to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom, except sand or other
materials may be dropped for the purpose of securing traction, and
water or other substance may be sprinkled on a street or roadway in
order to clean or maintain such street or roadway.
It shall be prohibited for vehicles to deposit substantial and unreasonable
quantities of mud, gravel or other materials from their wheels or track
onto paved public streets or roadways2. (1978 Code § 15-76)
Throwing Litter in Parks3: No person shall throw or deposit litter in any park
owned by the City, whether within or without the City, except in public
receptacles and in such manner that the litter will remain in the receptacle until
collection and will not be scattered by the natural elements onto any park,
street, roadway or public place. Where public receptacles are not provided, all
such litter shall be carried away from the park by the person responsible for the
litter's presence on the public property and shall be properly disposed of
elsewhere, as provided herein. (1978 Code § 1 5-77)
Throwing Litter in Waterways: No person shall throw, deposit or permit litter
in any fountain, pond, lake, stream or any other body of water in a park4 or
elsewhere within the City. (1978 Code § 15-78)
~See also subsection 14-3H-9G of this Article.
2See also Sections 6-1-2N of the City Code and 14-1A-5 of this Title.
3See Title 10, Chapter 9 of the City Code for park provisions.
4See Title 10, Chapter 9 of the City Code for park provisions.
26
Dropping Litter from Aircraft: No person in any aircraft shall scatter, drop or
deposit any litter, handbill or any other object within the City or the confines
of the City airport. (1978 Code §15-79)
Depositing Litter on Occupied Private Property: No person shall throw or
deposit litter on any occupied private property within the City, whether owned
by such person or not, except the owner, operator or person in control of
private property may maintain authorized private receptacles for collection in
such a manner that litter will be prevented from being carried or deposited by
the natural elements upon any street, sidewalk or other public place, or upon
private property. (1978 Code § 15-80)
w
Depositing Litter on Vacant Lots: No person shall throw or deposit litter on any
open or vacant private property within the City whether owned, occupied or
operated by such person or not. (1978 Code §15-82)
10.
Depositing Litter at City Landfill Sites: No person shall throw or deposit litter
on or upon any City-owned landfill site, except in those areas designated for
dumping or by the direction of City landfill personnel. (1978 Code § 15-84)
Placement of Litter in Receptacles: Persons placing litter in public receptacles or in
authorized private receptacles shall do so in such a manner as to prevent the litter from
being carried or deposited by the natural elements upon any public place or upon
private property. (1978 Code § 15-73)
Owners to Maintain Premises Free of Litter: The owner or person either operating or
in control of any private property or premises shall, at all times, maintain the property
or premises free of litter; provided, however, that this subsection shall not prohibit the
storage of litter in authorized private receptacles for collection or prohibit the
cornposting of yard waste. (1978 Code §15-81)
Clearing by City of Vacant Private Property:
27
Notice to Remove: When, in the determination of the Director, litter poses an
unreasonable or dangerous threat to public health, safety or welfare, the
Director or designee is hereby authorized and empowered to notify the owner,
occupant or operator of any open or vacant property within the City or the
agent or representative thereof to properly dispose of litter located on the
offending property. Such notice shall be in accordance with Title 6, Chapter 1
of the City Code.
Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner,
occupant, operator or agent so notified to properly dispose of unhealthful or
dangerous litter within seven (7) calendar days after receipt of written notice
or within fifteen (15) calendar days after the date such notice is returned to the
City because of inability to make delivery to the last known address of the
offending party, the Director or designee is authorized and empowered to abate
or cause the abatement of litter on private property. Abatement of litter on
private property may be accomplished in accordance with Title 6, Chapter 1 of
the City Code.
Abatement Costs: After the City has effected the removal of such offending
litter or has paid for its removal, a ~100 minimum charge or the actual cost
thereof, plus accrued interest at the maximum rate designated by law per
annum from the date of completion of the work, shall remain an obligation of
the offending owner, person, party, occupant or operator. If such costs are not
paid by the offending party prior thereto, the costs shall be charged to the
owner of such property and/or levied as an assessment against the property in
the same manner as a property tax, all in accordance with Title 6, Chapter 1
of the City Code. (1978 Code §15-83)
3-4-5: SOLID WASTE DISPOSAL:
Description of Fee, Charge,
Bond, Fine or Penalty
Solid Waste Permit Fees
Annual permit, per year
Special waste permit, per year
Yard Waste Collection Fees
Per bag sold
Annual stamp, per container
Untreated wood waste
Collection of Large Items Fees (see also
Disposal of Large Items Fees below)
Appliance collection, per item col-
lected
Tire collection, per tire collected
8u/ky rubbish
Residential Solid Waste Collection Fees
Per dwelling unit, per month
Solid waste
Curbside Recycling
Per 2 rooming units, per month
Solid waste
Curbside Recycling
Amount of Fee,
Charge, Bond, Fine
or Penalty
$100.00
$800.00
$1.00
$20.00
;0
$12.00
$3.00
~25/5~ems
~!!.00
$ 8.75 minimum
Includes 2 containers
per week. Additional
containers ~l/contai.
ncf.
$2.25
$8.75 minimum
Includes 2 containers
per week. Additional
containers ~I/contai-
fief.
$2.25
City Code Chapter,
Article or Section
Reference
14-3H-7C1
14-3H-8C2
14-3H-9B1
14-3A-4,
14-3H-9H
14-3H-9A
14-3H.9A
2
Description of Fee, Charge,
Bond, Fine or Penalty
Deposit Fee Combined for City Water
and/or Sanitary Sewer and/or Solid
Waste Collection Accounts
Residential owner account, per com-
bined residential service for City
water and/or sanitary sewer and/or
solid waste collection service
Residential tenant account, per com-
bined residential service for City
water and/or sanitary sewer and/or
solid waste collection service
Delinquency Deposit for Combined Wa-
ter and/or Sanitary Sewer and/or Solid
Waste Collection Service
Special Wastes Disposal Fees
Disposal of special wastes
Minimum fee
Disposal of Large items Fees (see also
collection of Large Items Fees above)
Appliance disposal fees
Residential per item disposed
Commercial per item disposed
Surcharge for crushed or dam-
aged item, per item disposed
Tire disposal fee
Per pound
Subject to minimum fee
Untreated lumber
Amount of Fee,
Charge, Bond, Fine
or Penalty
975.00
~ 100.00
An amount equal to
an average 2-month
billing for the delin-
quent account
2 times the landfill
use fees in this Sec-
tion
2 times the landfill
use fee for one ton
nn ~12.50
~I/cu. fl.
930.00
$0.07
93.00
$30/ton
City Code Chapter,
Article or Section
Reference
14-3A-5
14-3A-6
14-3H-lOB
14-3H-10D1
14-3H-10D2
3
Description of Fee, Charge,
Bond, Fine or Penalty
Landfill Use Fees
Solid waste from Iowa City premises
subject to a property tax and City-
owned property
Landfill fee per ton
State fee per ton
Total fee per ton
All other solid waste
Landfill fee per ton
State fee per ton
Total fee per ton
Minimum fee in lieu of tonnage fees
(1978 Code §32,1-55; 1994 Code)
Amount of Fee,
Charge, Bond, Fine
or Penalty
,~44.2..~,50
As required
Sum of landfill and
State fees
$49.~-~$0
As required
Sum of landfill and
State fees
15% of total per ton
fee
City Code Chapter,
Article or Section
Reference
14-3H-10G
Approved By
City Attorney','-:
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
May 18, 1995
City Council
Dale Helling, Asst. City Manager
Code Amendment- Franchising for Electronic Communications Services
This ordinance amendment is brought before Council at this time in response to two primary
concerns. First, the existing ordinance is nearly 100 years old and is completely outdated (copy
attached). It is inconsistent with current State law and the new ordinance is fashioned to reflect
more closely the provisions of the State code.
Secondly, there is presently a groat deal of speculation regarding proposed Federal legislation
in the area of telecommunications. Franchising as it exists today is being challenged by
telephone companies and cable companies, both of whom see a potential for the other to have
an unfair competitive advantage if franchise requirements are not entirely consistent. There is
a significant likelihood that the new legislation, or the Federal Communications Commission, may
place limits on municipal authority to require franchise agreements. Cities are being advised to
clearly establish their authority in this area now and to have their ordinances in place prior to
passage of Federal legislation, if possible.
The ordinance before you responds to these two concerns. It does not create any franchising
requirement for the local telephone utility at this time, but rather establishes the City's authority
in the future to require a franchise consistent with current State law.
0
12-3-1
CHAPTER 3
TELEPHONE FRANCHISE~
12-3-3
SECTION:
12-3-1:
12-3-2:
12-3-3:
12-3-4:
12-3-5:
12-3-6:
Franchise Granted; Nonexclusive
Pole Requirements
Restoration of Public Ways
Nonliability of City
Police and Fire Alarms
Compliance with Provisions
12-3-1:
FRANCHISE GRANTED; NON.
EXCLUSIVE:
The American Telephone and Tele-
graph Company of Iowa, its succes-
sors or assigns, is hereby granted the
right, privilege and authority to erect,
operate and maintain its lines of tele-
phone and telegraph, including the
necessary poles, fixtures and electri-
cal conductors, upon, along and over
the streets, alleys and bridges of the
City, as its business may, from time to
time, require, upon the following terms
and conditions of this Chapter. (1978
Code § 14-52)
Nothing contained in this Chapter
shall be construed as to grant unto the
company an exclusive right upon the
streets and alleys or to interfere with
any rights already granted or to pre-
vent the grant of similar privileges to
other individuals or companies for like
purposes. (1978 Code §14-56)
12-3-2: POLE REQUIREMENTS: All
poles erected pursuant to this
Chapter shall be erected under the supervi-
sion of the Committee on Streets and Alleys
and shall be so located as not to interfere
with the public use and travel of the streets
and alleys. All poles shall be neat, symmet-
rical, shaven and kept neatly painted, and
no electrical conductors shall be placed
thereon less than twenty feet (20') above
the surface of the ground. (1978 Code
§14-53)
12-3-3: RESTORATION OF PUBLIC
WAYS: After the erection of the
poles and fixtures referred to section
12-3-2, said company shall restore the
surface of the streets, alleys and sidewalks
to the same condition in which it found
them. The work of restoring the street as
aforesaid shall be done under the supervi-
sion of the Committee on Streets and Al-
leys. Any expense to which the City shall
be put by reason of the neglect of the com-
pany to do such work in a workmanlike
manner shall be paid by the company upon
the presentation of bills certified by such
Committee. In case the company's lines
shall be found to interfere with the change
of grade of any street or with any public
improvement, the company shall, upon
receipt of written notice thereof from the
Council, move its lines at its own expense
so as to conform with such change of grade
or such improvement, (1978 Code §14-54)
1. See Title 14, Chapter 2 of this Cods for public utilities and use of City right of way, including underground
services.
leu~a City
12-3-4
12-3-6
12-3-4: NONLIABILITY OF CITY: The
company shall hold the City free
and harmless from all damages or claims
for damage of any kind whatsoever caused
by the construction or negligent mainte-
nance of its lines and shall be liable for
injuries to public or private property of ev-
ery kind. (1978 Code §14-55)
12-3-5: POLICE AND FIRE ALARM$~:
In consideration of the rights and
privileges herein granted, the company
shall furnish, free of cost to the City, one
tenpin cross-arm for its fire alarm and po-
lice wires upon all poles erected pursuant
to this Chapter. (1978 Code {}14-57)
12-3-6: COMPLIANCE WITH PROVI-
SIONS: The company shall be at
all times subject to all ordinances now in
force or that may hereafter be passed,
relative to the use of public streets and
alleys or other public places2. (1978 Code
{}14-58)
1. See Sections 8-2-4 and 8-5-7 of this Code for false alarms.
2. See this Title and Title 14, Chapters 1 and 2 of this Code.
Iowa City