HomeMy WebLinkAbout2000-03-07 OrdinancePrepared by Melody Rockwell, Assoc. Planner,
City of Iowa City, 410 E. Washington, Iowa City,
IA 52240; 319/356-5251
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINAN(
NO. 98-3830 AND THE
CONDITIONAL ZONING AGREEMENT FOI
4.46 ACRE TRACT, KNOWN AS L
CONDOMINIUMS, AND LOCATED 500
FOSTER ROAD.
IEREAS, on April 28, 1998, the Council
a ;d Ordinance No. 98-383( hereinafter
rezoning an apl: 4.46
acre ,cated at 500 from ID-
RS, Develo Single-Family
Residential, ,SA-8, Sensi Areas Overlay-
8; and
WHEREAS, permitted the
development of 32 units, including a 20-
unit multi-family r{ lential building, five
duplexes, a new sing residence and an
existing single-famil ;nce, on the 4.46
acre tract; and
WH EREAS, authorized
execution of a ng Agreement
between the Ci of Iowa City Norwood C.
Louis II and Louis, as ,rty owners,
and H&O, as contract urchasers,
hereinafter y known as ~licant,"
which limited develo of the
subject pr and
Condition 3d set forth the
Conditi~ Zoning Agreement ed:
"The >rivate driveway betweer the
Louis and Foster Road de
clos~ at such time as Norwood C. Louis d
Louis cease to occupy the existing
residence. or the Foster Road
p~ ect is commenced, whichever event
and
WHEREAS, the Foster Road widening project
3ccurred in the fall of 1999 and the Louis
driveway was closed at that time per the
9.~visions of the Conditional Zoning Agreement;
and
2
WHEREAS, the Applicant now desires that the
driveway be opened and remain open in
perpetuity, and therefore requests that Condition
3d of the Conditional Zoning Agreement be
deleted in its entirety; and
WHEREAS, the City acknowledges this to be
reasonable, as only one household will use said
\, access to Foster Road.
~,,. NOW, THEREFORE, BE IT ORDAINED BY
;'\ THE CITY COUNCIL OF THE CITY OF IOWA
\ CITY, IOWA:
'~ SECTION I APPROVAL. Ordinance No. 98-
3830 and the accompanying Conditional Zoni
reement are amended by deleting Sectio d
of e Agreement in its entirety. This Ordi nce
and mended Conditional Zoning Agre ment,
after a option, shall be recorded in the ohnson
County corder's Office.
SECTION II ZONING MAP. pon final
passage, proval and publica'n of this
Ordinance a provided by law the Building
Official is here authorized d directed to
document the a endment to the Conditional
Zoning Agreement the zon' g map of the City
N
ZONING Following final
passage and approval the Ordinance, the
Mayor is hereby autho ~nd directed to sign,
and the City Clerk ~t, the Amended
Conditional Zoning ,~t between the
Applicant and the
SECTION IV. CERTIFIC TION AND
RECORDING. pc passage an approval of
this Ordinanc, and after execu n of the
Amended Go ditional Zoning Agree ent, the
City Clerk is ereby authorized and di cted to
certify a py of this Ordinance a d the
amended onditional Zoning Agreeme t for
recording the Office of the Recorder, Joh son
County, wa, at the expense of H&O, LC, a as
provide by law.
SECTI N V. REPEALER. All ordinances an
parts f ordinances in conflict with the provision
of thi Ordinance are hereby repealed.
O dinance as a whole or any section, provision,
or part thereof not adjudged invalid or
u ~constitutional.
SECTION VII. EFFECTIVE DATE. This
C rdinance shall be in effect after its final
bp~g.e, approval and publication, as provided
Passed and approved this day of
,2000.
o,,, o,~,~
ATTEST: '
Mayor
by:
~in\ord\louisa.doc
Pre by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, City, IA 52240; 319/356-5251
AMENDED CONDITIONAL ZONING MENT
THIS iREEMENT is made by and between City of Iowa City, Iowa, a Municipal
Corporation fter "City"), Norwood C. Louis II and B Louis, husband and wife and H&O,
LC, as property (hereina~er collectively
WHEREAS, the A is legal title holder of the acre property located at 500 Foster
Road; and
WHEREAS, on April 28, 1998 ~e City Council of City approved Ordinance No. 98-3830
(hereina~er Ordinance) rezonin from Ir Development Single-Family Residential
(ID-RS) to Sensitive Areas OSA-8) to 32 dwelling units on the property; and
WHEREAS, said Ordinance ,n of a Conditional Zoning Agreement between
the City and the Applicant, which limited of the property; and
WHEREAS, said Ordinance and Agreement .~re recorded on May 5, 1998 in Book 2478, Page
289 of the Johnson County Recorder's
WHEREAS, Condition 3d set forth in the acknowledged that "The westerly driveway
between the Louis household and Foster closed at such time as Norwood C. Louis
and Betty Louis cease to occupy the ........ ~ family residence, or the Foster Road
widening project is commenced, whiche er event ~ st"; and
WHEREAS, the City and the Applicant ow desire to nd e Conditional Zoning Agreement to
allow the Louis driveway to remain op n w~thout conditions co Germ ~ts closure ~n the future
NOW THER FOE THE PAR IE AGRE AS FO O
1. Tile Parties acknLtwledge that e original Conditional Zoning A, .=me~t specified closure of
the private driveway serving t e Louis household and that the' tries now desire to permit
t e driveway to r main open. :
2. The original Conditional Zon'ng Agreement recorded May 5, 1998 in >ok 2478, Page 289 of
the Johnson County Recoreer's Office shall be and is hereby by deleting Section
3d of said Agreement in its entirety.
3. The Parties acknowledge that the conditions contained in the on Agreement are
reasonable conditions to impose on the land under Iowa Code Section (1999) and
deleting Condition 3d shoulcl not prove detrimental to the public safety of :he residents in
the area and the communit..y~..
4. Applicant acknowledges that ~n the event the subject property is sold,
redeveloped or subdivided, all redevelopment will conform with the terms of this amended
Agreement.
5. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed
to be a covenant running with the land and with the title to the land and shall remain in full
2
force and effect as a covenant running with the title to the land, unless or until released of
record by 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.
6. Applicant acknowledges that nothing in this Agreement shall be construed to relieve the
Applicant from complying with all applicable local, state and federal regulations.
7. Applicant acknowled that nothing in this Amended Agreement in any way alters, amends
or modifies the on Conditional Zoning Agreement except as specifically set forth above.
8. The Parties agree that is Amended Agreement shall be incorporated by reference ' the
Ordinance approving amendment; and that upon adoption and publicatior the
Ordinance, this ac~ shall be recorded in the Johnson County Recorder's at the
expense of H&O, L.C.
Dated this y of ,2000.
H&O, LC CITY OF IOWA CI
By: ~6/~~ ' By:
~a21~E-Hod e Ernest W. Mayor
By: Attest:
Dean Oakes ME K. Karr, City Clerk
N~~41OOD C. LOUIS II &
Y LOUIS, husb d & wife
od
Approved b . C~
STATE OF IOWA )
)
JOHNSON COUNTY )
On this _day of .2000, bE me . a Notary Public in and
for the State of Iowa, appeared Ernest W. and Marjan K. Karr, to me
personally known, and who by me duly sworn did say t t they are the Mayor and City
Clerk, respectively, of the City I 't i
is the corporate seal of the }o
of the corporation, by autho~ of its City Council, as contained in Ordinance No. passed
by the City Council, on the day of .2000, and that Ernest W. Lehman and
Marian K. Karr e the execution of the instrument to be their voluntary act and deed
and the voluntary act and(~ of the corporation, by it voluntarily executed.
---__.,_,
Notary Public in and for the State of Iowa
My commission expires:
3
STATE OF IOWA )
)
JOHNSON COUNTY )
On this__~j~r day of ...~'~1. 2000, before me the undersigned, a Notary Public in and for
said County, in said State, personally appeared Dean Oakes, to me known to be the identical
person named in and who executed the within and foregoing instrument, and acknowle~dged that
he executed the same as his voluntary act and deed.
Public in and for the State of Iowa
My co~ qission expires:
STATE OF IOWA ) '~'~'~'~- ~ ,r"',%"t~. i
JOHNSON COUN~ ) ~--:~,~¢:2: . ~,
On thisj/~r day of ~N. 2000, the ned, a Nota~ Public in and for
said County, in said State, personally Michael Hodge, to me known to be the
identical person named in and who and foregoing instrument and
acknowledged that he executed the same as his and deed.
Nota~ Public in ar State of Iowa
My commission xpires:
STATE OF IOWA } ~ "'~-~ ' g)~::::"~l
On this 3 t ~ day o , 2000 before me' the undersigne , a Nota~ Public in and for
j;~ing instrument, and ackno at they executed the sam~ as their voluntaW act and
dadmin%agt%louisa.docN t
..... ' 'My commission expires~~
Rockw I, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-E
Prepared by Melody
AM COND~T'~ONAL ZONING AGREEMENT
THIS AMENDED AGREEMENT is ade by and between the City of Iowa City a Municipal
WHEREAS, the Applicant is legal title ~holder of the 4.46 acre located at 500 Foster
Road; and
WHEREAS, on April 28, 1998, the City of Iowa City Ordinance No. 98-3830
(hereina~er Ordinance) rezoning said tract Interim Develop~ Single-Family Residential
(ID-RS) to Sensitive Areas Overlay-8 permit 32 dwelli~ units on the property; and
WHEREAS, said Ordinance authorized n of a Zoning Agreement between
the City and the Applicant, which limited deveh ent of the and
WHEREAS, said Ordinance and Agreement were on May 5, 1998 in Book 2478, Page
289 of the Johnson County Recorder's Office, and
WHEREAS, Condition 3d set forth in the Agreemen' ;knowledged that: "The westerly driveway
between the Louis household and Foster Road at such time as Norwood C. Louis
and Betty Louis cease to occupy the existin9 residence, or the Foster Road
widening project is commenced, whichever and
WHEREAS, the City and the Applicant now d, to Conditional Zoning Agreement to
allow the Louis driveway to remain open d~ the time ~lorwood C. Louis and Betty Louis
reside in the single-family residence at 500 with the provision that it is
reasonable to do so if an escrow is paid City by the to ensure that the alternative
driveway connecting to Louis Place is when and Betty Louis vacate the
premises.
NOW, THEREFORE, THE PARTIB AS FOLLOWS:
1. The Parties acknowledge th~ original Conditional Zoning specified closure of
the private driveway the Louis household when the ,r Road widening project
commenced and that the now desire to delete that ,n so that Norwood and
Betty Louis may retain u~ of their existing driveway until they no nger reside at the 500
Foster Road residence.
2. The original Conditiom Eoning Agreement recorded May 5, 1998 in Book 2478, Page 289 of
the Johnson County ; Office shall be and is hereby amended by deleting Section
3d of said its entirety and inserting in lieu thereof the following:
The westerly driveway between the Louis household and Foster Road be closed at
such time as C. Louis and Betty Louis cease to occupy the existin9 single-family
residence, with stipulation that an escrow shall be paid by the Applicant to provide for the
2
construction of the alternative driveway connecting to Louis Place, as shown on the approved
plan.
3. The Parties acknowledge that the conditions contained in the original Agreement are
reasonable conditions to impose on the land under Iowa Code Section 414.5 (1999) and
amending Condition 3d should not prove detrimental to the public safety of both the residents
in the area and the community because it is a temporary condition and requires that an
escrow be paid to assure that the alternative driveway is constructed as the peninsula area
becomes more fully developed and Foster Road becomes a more heavil' street.
4. Applicant acknowledges that inf event the subject property is sold,
redeveloped or subdivided, all ~ment will conform to the ten of this Amended
Agreement.
5. The Parties acknowledge that this ded Conditional Zoning reement shall be deemed
to be a covenant running with the land ~d with the title to and shall remain in full
force and effect as a covenant running h the title to the unless or until released of
record by the City. The parties further Jowledge that Agreement shall inure to the
benefit of and bind all successors, re :ives and as Ins of the parties.
6. Applicant acknowledges that nothing in this shall be construed to relieve the
Applicant from complying with all applicable and federal regulations.
7. Applicant acknowledges that nothing in this Am led Agreement in any way alters, amends
or modifies the original Conditional Zoning Ag~ ~t except as explicityly set forth above.
8. The Parties agree that this Amended Agr be incorporated by reference into the
Ordinance approving the that on adoption and publication of the
Ordinance, this Agreement shall be led in the J~ County Recorder's Office at the
expense of H&O, LC.
Dated this day of ,2000.
H&O, LC CITY IOWA CITY
By: By:
;hael E. Ernest W. Mayor
By: Attest:
Dean Marian K. City Clerk
NORW C. LOUIS II &
B BE OUl~~,~d & wife
3. BN~is II ~:~7~ Approved
3
STATE OF IOWA )
)
JOHNSON COUNTY )
On this __ day of ,2000, before me a Notary
Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marjan K. Karr, to
me personally known, and who being by me duly sworn did say that they are the Mayor and 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. ~ passed
by the City Council, on the day of ,2000, and that Ernest/W. Lehman and
/
Nota~ Public in a for the State of Iowa
, . . .
'~,,
STATE OF IOWA )
JOHNSON COUN~ ) .
/
On this ~ day of ~RN, , 2000, befor me the undersigned, a Nota~ Public in and for
said Count, in said State, personally appe ed Dean Cakes, to me known to be the identical
person named ~n and who executed the w~ ~n and foregoing ~nstrument and acknowledged that
he executed th~ same as his volunta~ a~ed. ' ' '
~a~ Public in and for the State of Iowa
On this_?/~T day of ~N,, 2000, before me the undersigned, Nota~ Public in and for
said County, ~ said tate, personally appeared Michael E. Hodge, to me known to be the
identical person n ed in and who executed the within and fo going instrument and
acknowledged that e executed the same as his volunta~ act an .
ot
a~ Public in and for the State of Iowa
My commission expires:
,
:~:': .. '.:.S:
4
STATE OF IOWA )
)
JOHNSON COUNTY )
O ' !~'r:-
C p I a No~ood C. Louis II and Betty Louis, husband and
wife, to me known to be the identical persons named in and who executed the within and
foregoing instrument, and acknowledged that they executed the same as their volunta~ act and
deed.
~~ ~P~ Nota~ r the State
My commission ~ires:
ppdadmin~agt~louisb.doc
Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 3:[9/356-5251
ORDINANCE NO.
AN ORI AMENDING ORDINANCE NO. 98-3830 AND THE ACCOMF
ZONING AGREEMENT FOR A 4.46 ACRE TRACT, LOUIS
AND LOCATED AT 500 FOSTER ROAD.
WHEREAS on ril 28, 1998, the City Council approved Ordinanc 98-3830
( ance'3, rezoning an approximate 4.46 acre located at 500 Foster
Road from ID-RS, irerim Development Single-Family to OSA-8, Sensitive
Areas Overlay-8;
WHEREAS, this the development of 3: g units, including a 20-
unit multi-family ~1 building, five duplexes, a single-family residence and an
existing single-family resi~ on the 4.46 acre
WHEREAS, said ordinance aL orized execution of Zoning Agreement
between the City of Iowa d Norwood C. II and Betty Louis, as property
owners, and H&O, LC, as collectively known as
"Applicant," which Agreement develop~ of the subject property; and
WHEREAS, Condition 3d set forth in Zoning Agreement acknowledged:
"The westerly private driveway Louis household and Foster Road shall be
closed at such time as Norwood C. Loui.. Betty Louis cease to occupy the existing
single-family residence, or the Foster ening project is commenced, whichever
event occurs first;" and
WHEREAS, the Foster Road wideni~ project ~d in the fall of 1999 and the Louis
driveway was closed at that time the provisions 'the Conditional Zoning
Agreement; and
WHEREAS, the Applicant now that Condition 3d o he Conditional Zoning
Agreement be amended to al the driveway to be opene and remain open during the
time that Norwood C. Louis nd Betty Louis reside in the sin -family structure located
concerns, the City desires that th driveway be closed
when development to the west in the peninsula area cau ad to reach a
collector street threshold of traffic; and "
WHEREAS, the City estimates that when occupancy permits for 250 additional dwelling
units west of the Louis driveway in the peninsula area have been issued, Foster
will be at the collector street traffic threshold of 2,500 vehicles per day; and
~\
WHEREAS, City acknowledges it to be reasonable to allow only one ho~ to use
said access Road on such a temporary basis if an escrow is pal the City by
the Applicant ensure that the alternative driveway will be the
vacation of the by Norwood and Betty Louis or when develc to the west
reaches a coll~ street traffic threshold on Foster Road, event occurs first.
NOW, THEREFORE, IT ORDAINED BY THE CITY COUNCIL OF CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. No. 98-3830 and the ac~ Conditional
Zoning Agreement are .=d by deleting Section 3d of Agreement in its entirety
and inserting in lieu thereof following:
3d. The westerly private between the Louis and Foster Road shall
be closed at such time as Louis and cease to occupy the existing
single-family residence, or when ,ancy permits been issued for 250 dwelling
units west of the Louis driveway in th. a whichever event occurs first.
The driveway, currently closed under ' ' of the original conditional zoning
Agreement referenced above, shall be all~ upon passage of this
ordinance and placement of an adequate c crow. Said cash escrow shall be
calculated for and may be used by City to le for the construction of the alternative
driveway connecting the Louis residence to Place, as shown on the approved plan,
when the private driveway connecting to Fo~ is dosed as provided herein.
This Ordinance and amended Conditional Ag ement, after adoption, shall be
recorded in the Johnson County Recorde s Office by e City Clerk.
SECTION II ZONING MAP. Upon final pa L,;age, approva and publication of this
Ordinance as provided by law, the B 'dir 1 Official is here authorized and directed to
SECTION III. AMENDED COND ONAL ZONING AGREEMENT. oilowing final passage
and approval of the Ordinance, e Mayor is hereby authorized a d directed to sign, and
the .City Clerk to att.est, the am nded Conditional Zoning Agreeme between the
CATI N AND RECORDING. roval of this
Ordinance, and after execu on of the amended Conditional Zoning Agreement, the City
Clerk is hereby authorized nd directed to certify a copy of this Ordinance and the
SECTION V. REP :ALER. All ordinances and parts of ordinances in conflict with the
provisions of this dinance are hereby repealed·
SE.CTZON V]E. S.EVE . ]ELTTY. Tf .any. section, provi.sio.n or. part of the Ordinance sha. ll.be
invalid or unconstitutional.\
SECTJON VTI. EFFECTIVE DA E. This Ordinance shall be after its final
passage, approval and publicati n, as provided by law.
Passed and approved this day of ,2000.
:~_/_:~r.k
Mayor
Approved by:
Prepared by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5251
AMENDED CONDITIONAL ZONING AGREEMENT
u and
and wife and H&O>I~C, as property owners collectively "Applicant'~.
WHEREAS, the Applica~itis legal title holder of 4.46 acre property located at 500
Foster Road; and
WHEREAS, on April 28, 1998, the City ~f Iowa City approved Ordinance No. 98-
3830 (hereinafter "Ordinance'~ r~:~Dning sai from Interim Development Single-
Family Residential (ID-RS) to Sensitive Overlay-8 (OSA-8) to permit 32 dwelling
units on the property; and
WHEREAS, said Ordinance authorized tion of a Conditional Zoning Agreement
between the City and the Applicant, wh ted development of the property; and
WHEREAS, said Ordinance and Agreer ent on May 5, 1998 in Book 2478,
Page 289 of the 3ohnson County .~r's Office nd
WHEREAS, Condition 3d set forth in :he Agreement ed that the westerly
driveway between the Louis housel-31d and Foster Road all be closed at such time as
Norwood C. Louis and Betty Louis eease to occupy the g single family residence,
or the Foster Road widening proje~ is commenced, occurs first; and
WHEREAS, the City and the Appli 'ant now desire to amend the ional Zoning
Agreement to allow the Louis driweway to remain open during the that Norwood C.
Louis and Betty Louis reside in t e single-family residence located at Foster Road or
until development to the west ir the peninsula area causes Foster Road a
collector street threshold of tra~c, whichever event occurs first; and
WHEREAS, the City and Applic~ nt agree that it is reasonable to keep the driveway open
temporarily if an escrow is pak to the City by the Applicant to ensure that the
alternative driveway connecting! to Louis Place is constructed when Norwood and Betty
Louis vacate the premises or when occupancy permits for 250 additional dwelling units
in the peninsula area west of the Louis driveway have been issued, whichever event
occurs first. ~/
NOW, THEREFORE, THE PARSES AGREE AS FOLLOWS:
1. The Parties acknowledge that the original Conditional Zoning Agreement specified
closure of the private driveway serving the Louis household when the Foster Road
widening project commenced and that the Parties now desire to amend that
provision so that Norwood and Betty Louis may retain use of their existing driveway
until they no longer reside at the 500 Foster Road residence or until development to
the west reaches a collector street traffic threshold on Foster Road, whichever event
occurs first.
2. The original Conditional Zoning Agreement recorded May 5, 1998 in Book 2478,
Page 289 of the 3ohnson County Recorder's Office shall be and is amended
by deleting Section 3d of said Agreement in.its entirety and in lieu thereof
the following: 3d. Th~ westerly private driveway between the household and
Foster Road shall be .'d at such time as Norwood C. Louis ld Betty Louis cease
to occupy the existing e-family residence, or when permits have
been issued for 250 al dwelling units west of the driveway in the
peninsula area, whichever ~nt occurs first. The currently closed under
the provisions of the original .nditional Zoning Agree referenced above, shall
be allowed to re-open upon ~ge of this ordin placement of an adequate
cash escrow. Said cash escrow all be calculated and may be used by City to
provide for the construction of alternative connecting the Louis
residence to Louis Place, as shown the when the private driveway
connecting to Foster Road is closed
3. The Parties acknowledge that the in the original Agreement are
reasonable conditions to impose on the Towa Code Section 4::L4.5 (1999)
and amending Condition 3d should not detrimental to the public safety of both
the residents in the area and the commu because it is a temporary condition that
will be ended either prior to or when reaches a collector street traffic
threshold and requires that an escrow assure that the alternative
driveway is constructed as the area more fully developed and
Foster Road becomes a more heavil,
4. Applicant acknowledges that in th~ the sub Iroperty is transferred, sold,
redeveloped or subdivided, all rel ~ment will 'm to the terms of this
amended Agreement.
5. The Parties acknowledge that amended Conditional Agreement shall be
deemed to be a covenant run ng with the land and with to the land and
shall remain in full force and as a covenant running with the title to the land,
unless or until released of by the City. The parties further acknowledge that
this Agreement shall inure the benefit of and bind all successors, representatives
and assigns of the parties.
6. Applicant acknowledges at nothing in this Agreement shall be construed to relieve
the Applicant from com ling with all applicable local, state and federal regulations.
7. Applicant acknowledges that nothing in this amended Agreement in any way alters,
amends or modifies the original Conditional Zoning Agreement except as set forth
above.
8. The Parties agree that this amended Agreement shall be incorporated by reference
into the Ordinance approving the amendment; and that upon adoption and
publication of the Ordinance, this agreement shall be recorded in the Johnson
County Recorder's Office at the expense of H&O, LC,
Dated this day of ,2000.
H&O, LC CITY OF IOWA
By: By:
Michael E. Hodge W. Lehman, Mayor
By:
Dean Oakes K. Karr, City Clerk
NORWOOD C. LOUIS TI &
BEI'rY LOUIS, husband & wife
By:
Norwood C. Louis II A
City
By:
Betty Louis
4
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this __day of ,2000, before me , a
Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, and who being by me duly sworn did say that
they are the Mayor and 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. passed by the City Council,
on the day of ,2000, and that Ernest W. Marian K.
Karr acknowledge the execution the instrument to be their volunta~ ~ct and deed
and the voluntary act and deed e corporation, by it voluntarily
Notary Public in a for the State of Iowa
My commissiol expires:
STATE OF IOWA )
)ss:
3OHNSON COUNTY )
On this __day of ,2000, the undersigned, a Notary Public
in and for said County, in said State, personally a Dean Oakes, to me known to
be the identical person named in and who exect within and foregoing
instrument, and acknowledged that he exel as his voluntary act and
deed.
Notary Publi~ and for the of Iowa
My commi: expires:
STATE OF IOWA )
)ss:
3OHNSON COUNTY )
On this __day of ,2000, before me the undersigned, Public
in and for said County, in said Stal personally appeared Michael E. Hodge, to me
known to be the identical person ~amed in and who executed the within and foregoing
instrument and acknowledged th he executed the same as his voluntary act and deed.
Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
)ss:
JOHNSON COUNTY ) '
On this __ day of ,2000, before me the undersigned, a Notary Public
in and for said County, in said State, personally appeared Norwood C. Louis II and Betty
Louis, husband and wife, to me known to be the identical persons named in and who
executed the within and foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
N~tary Public in and for the State of Iowa
My c mmission expires:
Prepared by Melody Rockwell, Assoc. Planner, 410 E. Washington Street, l~owa City, IA 5
AMENDED CONDITIONAL ZONING -'EMENT
THIS AMENDED made by and City o~: Iowa City, Iowa, a
Municipal Corporario laf~er "City'd, Louis II and Betty Louis, husband
and wife and H&O, LC owners (h~ collectively "Applicant'%
WHEREAS, the Applicant i :itle le 4.46 acre property located at 500
Foster Road; and
WHEREAS, on April 28, 1998, the of Iowa City approved Ordinance No. 98-
3830 (hereinafter "~ ~id tract from Interim Development Single-
Family Residential (ID-RS) to Sens Overlay-8 (OSA-8) to permit 32 dwelling
units on the property; and
WHEREAS, said Ordinance tion of a Conditional Zoning Agreement
between the City and the Ap which ~ited development of the property; and
WHEREAS, said Agreement recorded on May 5, 1998 in Book 2478,
Page 289 of the .lohnson Recorder's b and
WHEREAS, Condition set forth in the Ag acknowledged that the westerly
driveway between household and Foster shall be closed at such time as
Norwood C. Louis an Betty Louis cease to occupy existing single family residence,
or the Foster Road project is commenced, lichever event occurs first; and
WHEREAS, the Ci' and the Applicant now desire to ..nd the Conditional Zoning
Agreement to all, the Louis driveway to remain open ~ring the time that Norwood C.
Louis and Betty reside in the single-family located at 500 Foster Road or
until developm~ ~t to the west causes Foster Road to a collector street threshold of
traffic, ~r event occurs first; and
WHEREAS, City and Applicant agree that it is reasonable o keep the driveway open
temporarily an escrow is paid to the City by the Applicant to ensure that the
alternative, veNay connecting to Louis Place is constructed en Norwood and Betty
Lou;s vacate ~e premises or when occupancy permits for 250 a d~t~onal dwelhng un~2ts
in t~e area west of th Louis driveway have been issued, w ' t occurs fir .
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
2
1. The Parties acknowledge that the original Conditional Zoning Agreement specified
of the private driveway serving the Louis household when the Foster Road
project commenced and that the Parties now desire to amend that
that Norwood and Betty Louis may retain use of their existing driveway
until they longer reside at the 500 Foster Road residence or until deve ~ment to
the west a collector street traffic threshold on Foster Road, w~ event
occurs first.
2. The original 31 Zoning Agreement recorded May 5, 199~ Book 2478,
Page 289 of the County Recorder's Office shall be and amended
by deleting Section 3d said Agreement in its entirety and ir rting in lieu thereof
the following: 3d. The private driveway between Louis household and
Foster Road shall be such time as Norwood C. Los and Betty Louis cease
to occupy the existing ~mily residence, or when o Jpancy permits have
been issued for 250 ~welling units west of th~ _ouis driveway, whichever
event occurs first. The currently closed und the provisions of the
original Conditional Zoning ~ent referenced shall be allowed to re-open
upon passage of this ordinance of a~ uate cash escrow. Said
cash escrow shall be calculated for d may be by City to provide for the
construction of the alternative connectir the Louis residence to Louis
Place, as shown on the approved plan, ~rivate driveway connecting to
Foster Road is closed as provided
3. The Parties acknowledge that the conditior in the original Agreement are
reasonable conditions to impose on the lain Jer Iowa Code Section 414.5 (1999)
and amending Condition 3d should not to the public safety of both
the residents in the area and the commu ,use it is a temporary condition that
will be ended either prior to or when Fo a collector street traffic
threshold and requires that an escrow paid to Are that the alternative
driveway is constructed as the area west more fully developed and
Foster Road becomes a more heavil ~veled street.
4. Applicant acknowledges that in the the subject pr is transferred, sold,
redeveloped or subdivided, all red to the terms of this
amended Agreement.
5. The Parties acknowledge that s amended Conditional g Agreement shall be
deemed to be a covenant runn' ~g with the land and with itle to the land and
shall remain in full force and e"fect as a covenant running title to the land,
unless or until released of record by the City. The parties furth~ ~ ge that
this Agreement shall inure to ~.he benefit of and bind all s ~ representatives
and assigns of the parties.
6. Applicant acknowledges that nothing in this Agreement shall be construed to relieve
the Applicant from complying. with all applicable local, state and federal regulations.
7. Applicant acknowledges that nothing in this amended Agreement in any way alters,
amends or modifies the original Conditional Zoning Agreement except as set forth
above.
8. The Part s agree that this amended Agreement shall be incorporated by re~=erence
into the O inance approving the amendment; and that upon adoption and
publication the Ordinance, this agreement shall be recorded in the 3ohnson
County Recor r's Office at the expense of H&O, LC.
Dated this ay of ,2000.
H&O, LC CITY OF IOWA CiTY
By: By:
Michael E. Hodge Ernest W. Lehman, Mayor
By: est:
Dean Oakes Marian K. Karr, City Clerk
NORWOOD C. LOUIS II &
BETTY LOUIS, husband & wife
By: ~ ' City Att ~
Norw b
By: ~,I:~ Betty Louis
4
STATE OF IOWA )
)ss:
JOHNSON COUNTY
On this __ day of ,2000, before me , a
Notary Public in and for State of Iowa, personally appeared Ernest W. Lehman and
Madan K. Karr, to me known, and who being by me duly sworn did say that
they are the Mayor and 'lerk, respectively, of the City of Iowa City, Iowa; that e
seal affixed to the foregoingstrument is the corporate seal of the corporation, ant
that the instrument was and sealed on behalf of the corporation, by autho of
its City Council, as contained )rdinance No. passed by the
on the day of ,2000, and that Ernest W. Lehman an~ K.
Karr acknowledge the execution the instrument to be their y deed
and the voluntary act and deed of e corporation, by it voluntarily
Notary Public in for the State of Iowa
My expires:
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this __ day of , me the undersigned, a Notary Public
in and for said County, in said State, ~eared Dean Oakes, to me known to
be the identical person named in an~ ,,. the within and foregoing
instrument, and acknowledged th I~e executed the ame as his voluntary act and
deed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
JOHNSON CO TY ) '
.... I , · ,
[c
instrument and acknowledged that he executed the same as his volunta'Ky act and deed.
Notary Public in and for the State of Iowa
My commission expires:
5
Nota~ and for the State of iowa
My comr expires:
Prepared by: Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251
ORDINANCE NO. 00-3919
ORDZNANCE CHANGZNG THE ZONING
DESZGNATZON ON A 2.72 ACRE TRACT
LOCATED AT THE NORTH SZDE OF ROHRET
ROAD AND WEST OF HZGHWAY 218 FROM
LOW DENSZTY SZNGLE-FAMiLY RESZDEN-
TZAL (RS-5) TO SENSZ'I'ZVE AREAS OVER-
LAY-LOW DENSITY RESIDENTZAL (OSA-5)
TO PERMZT TM/ELVE DWELLZNG UNITS
AND APPROVZNG A PRELZMZNARY SENSZ-
TZVE AREAS DEVELOPMENT PLAN
WHEREAS, South Pointe Partners, L.L.P.,
property owner, hereinarcer "Applicant," has
applied to rezone a 2.72 acre parcel to OSA-5 to
permit development of the property for a
planned housing development of twelve dwelling
units in three four-unit buildings; and
WHEREAS, the density of the proposed
development does not exceed the density per-
mitted in the underlying RS-5 zoning; and
WHEREAS, the proposed development is
consistent with the Comprehensive Plan desig-
nation for this area of two to eight dwelling units
per acre; and
WHEREAS, the proposed design of the pre-
liminary Sensitive Areas Development Plan will
allow for a measure of diversity of housing to be
introduced within the neighborhood in a way
that provides a compatible transition and archi-
tectural integration of multi-family structures
within a single-family residential neighborhood;
and
WHEREAS, the development proposed in the
east portion of the site along Highway 218,
which contains a critical slope, as defined by the
City's Sensitive Areas Ordinance, necessitates a
Sensitive Areas Overlay rezoning and submiL-~al
of a Sensitive Areas Development Plan; and
WHEREAS, the preliminary Sensitive Areas
Development Plan filed by the Applicant in asso-
ciation with the rezoning request, and revised
and resubmitted to the City on November 18,
1999, is agreed to by the Applicant as being
representative of its intentions with respect to
development of the property, and shall serve as
a basis upon which to review final development
plans, grading plans, construction drawings,
legal papers and any other plans or legal docu-
Ordi nance No. 00-3919
Page 2
ments required by the City regarding the devel-
opment of the property.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The property legally
described below is hereby reclassified from its
present classification of RS-5 to OSA-5, and is to
be developed in conformance with the prelimi-
nary Sensitive Areas Development Plan for Duck
Creek Condominiums, which is hereby approved:
Auditor's Parcel 98100: Commencing at the
Southeast Comer of the North One-Half of
the Southeast Quarter of Section 18,
Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence
S89°38'11'M/, along the South Line of said
North One-Half, 1262.89 feet, to its inter-
section with the Westerly Right-of-Way Line
of Primary Road 518 (218); Thence
N53°24'51'~N, along said Westerly Right-of.
Way Line, 84.12 feet, to its intersection with
the Northerly Right-of-Way Line of Rohret
Road; Thence S89°34'12'~V, along said
Northerly Right-of-Way Line, 76.20 feet to
the Point of Beginning; Thence continuing
S89°34'12'~/, along said Northerly Right-of.
Way Line, 447.56 feet, to a Point on the
Easterly Line of Hunters Run Part Two, in
accordance with the Plat thereof Recorded
in Plat Book 26, at Page 75, Records of
3ohnson County, Iowa; Thence
N00°16'43'~/V, along said Easterly Line,
474.90 feet, to its intersection with said
Westerly Right-of-Way Line of Primary Road
518 (218); Thence S47°14'52"E, along said
Westerly Right-of-Way Line, 601.66 feet;
Thence S07°16'22"E, 63.62 feet, to the
Point of Beginning, containing 2.72 acres,
and is subject to easements and restrictions
of record.
SECTION II. ZONING MAP. Upon final pas-
sage, approval and publication of this Ordinance
as provided by law, the Building Official is
hereby authorized and directed to change the
zoning map of the City of Iowa Cib/, Iowa, to
conform to this zoning change.
SECTION III. VARIATIONS: The following
variations from the requirements of the under-
lying RS-5 zone have been approved as part of
the preliminary Sensitive Areas Development
Plan:
A. Three four-unit buildings will be permitted in
a single-family residential zone.
Ordinance No. 00-3919
Page 3
B. Instead of only one principal structure being
permitted on the lot, twelve dwelling units in
three buildings will be permitted on one lot.
C. The paving width of the private street within
the development will be reduced. The pri-
vate street, Duck Creek Place, is intended
for two-way traffic. Instead of a twenty-
eight foot wide paved surface, back-of-curb
to back-of-curb (BC-BC), the street shall be
a minimum of twenty feet (20') in width,
and will have a seven-inch deep Portland
Cement Concrete (PCC) surface. Three-inch
integral roll curbs will define the edges of
the paved surface of the street.
SECTION IV. CERTIFICATION AND RE-
CORDING. Upon passage and approval of this
Ordinance, the City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
for recording in the Office of the Recorder,
3ohnson County, Iowa, at the expense of South
Pointe Partners, L.L.P., 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 adjudged invalid or uncon-
stitutional.
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 7th day of March
,2000.
a Or UC
ppd dm/did
Ordinance No. 00-3919
Page 4
It was moved by O' Donne] 1 and seconded by Vanderhoef that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 2 / 1 / 00
Vote for passage: AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn,
I:hampion, Kanner. NAYS: None. ABSENT: None.
Second Consideration 2/15/00
Vote for passage: AYES : Wilbur'n, Champion, Kanner, E~hman, O'Donnell, Pfab,
VandeY'hoef. NAYS: None. ABSENT: NSne.
Date published 3/15/00
Prepared by: Tim Hennes, HIS, 410 E. Washington
Street, Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 00-3920
AN ORDINANCE AMENDING SECTION 14,
CHAPTER 5, ARTICLE C, OF THE IOWA CITY
CODE BY ADOPTING THE 1999 EDITION OF
THE NATIONAL ELECTRICAL CODE, WITH
AMENDMENTS, AS THE IOWA CITY
ELECTRICAL CODE, REGULATING THE
PRACTICE, MATERIALS AND FIXTURES USED
IN THE INSTALLATION, MAINTENANCE,
EXTENSION AND ALTERATION OF ALL
WIRING, FIXTURES, APPLIANCES AND
APPURTENANCES IN CONNECTION WITH
VARIOUS ELECTRICAL SYSTEMS;
PROVIDING FOR THE ISSUANCE OF PERMITS
AND INSPECTION OF ELECTRICAL
INSTALLATIONS AND THE COLLECTION OF
FEES; AND PROVIDING PENALTIES FOR
VIOLATIONS.
Be it enacted by the Council of the City of Iowa
City, Iowa:
SECTION I. SHORT TITLE. This ordinance shall
be known as the Iowa City Electrical Code, or
Electrical Code, and may be so cited.
SECTION II. PURPOSE. The purpose of this
ordinance is to adopt the 1999 edition of the
National Electrical Code as prepared and edited
by the National Fire Protection Association and to
provide certain amendments thereto, to provide
for the protection of the health, welfare, and safety
of the citizens of Iowa City, Iowa; and to provide
for its enforcement.
SECTION III. Scope. This ordinance shall apply
to and govern electrical work, as defined in the
Electrical Code, including the practice, materials
and fixtures used in the installation, maintenance,
extension and alteration of all piping, fixtures,
appliances and appurtenances in connection with
any of the following: wiring or piping on public or
· private electrical systems, within or on any
building or other structure; and the practice and
materials used in the installation, maintenance,
extension or alteration of electrical systems, to
connect with any point of public or private
structure.
SECTION IV. Adoption of Electrical Code
Sections 14-5C-1 through 14-5C-28 of the Code
of Ordinances of the City of Iowa City is hereby
repealed and the following new sections 14-5C-1
through 14-5C-28 are enacted in lieu thereof.
SEC. 14-5C-1. CODE-ADOPTED. Subject to
the amendments described in Section 14-5C-2
below, Chapters 1 through 9 of the 1999 Edition of
the National Electrical Code are hereby adopted. SEC. 14-5C-2. AMENDMENTS.
The electrical code adopted by Section 14-5C-1
of this chapter is hereby amended as follows:
Ordi nance No. C~0-3920
Page 2
Article 100, ParaQraph A. is amended by
deletin.q the definition of "approved" and addin.q
the followin.q definitions:
Approved, as to materials, equipment and
method of construction, refers to approval by the
Building Official as the result of an investigation
and test conducted by the Building Official, or by
reason of accepted principles or tests by
recognized authorities, technical or scientific
organizations.
Approved agency is an established and
recognized agency regularly engaged in
conducting tests or furnishing inspection services,
when the agency has been approved by the
Building Official.
Building Code is the Uniform Building Code
promulgated by the International Conference of
Building Officials, as adopted by this jurisdiction.
Building Official is the officer charged with the
administration and enforcement of this Code, or a
duly authorized representative, and is the authority
having jurisdiction for this code.
Code enforcement agency is the department,
division or agency of this jurisdiction charged with
the function of code enforcement and shall be
under the administration and operational control of
the Building Official.
Electrical code is the National Electrical Code
promulgated by the National Fire Protection
Association, as adopted by this jurisdiction.
Electrical work is all uses, installations,
alterations, repairs, removals, replacements,
connections, disconnection and maintenance of
all premises wiring systems.
Electrician, apprentice is any person who works
under the supervision and guidance of a licensed
journeyman or licensed Master Electrician for the
purpose of learning the electrical trade.
Electrician, journeyman is any properly licensed
person who is allowed to perform electrical work
only under the supervision of a licensed master
electrician.
Electrician, maintenance is any properly
licensed person who is a regular employee of a
manufacturing or industrial establishment or a
commercial or residential property management
firm, who does electrical work for that
establishment or firm only, and who maintains the
existing electrical equipment within the building or
group of buildings.
Electrician, master is any propedy licensed
person who undertakes or offers to undedake to
plan for, layout, supervise or perform electrical
work with or without compensation.
Multiple occupancy building is a building having
more than one tenant and may be a single or
mixed use group as classified by the Building
Code.
Occupancy is the purpose for which a building, or
part thereof, is used or is intended to be used.
Adicle 100, Paraaraph A, is further amended bv
deletinq the definition of "Wet Location" under
Ordi nance No. 00-3920
Page 3
the headinn "Location," and insedinn a new
definition of "Wet Location" under the headinn
"Location" to read as follows:
Wet Location. Installations underground or in
concrete slabs or masonry in direct contact with
the earth, and locations subject to saturation with
water or other liquids, such as vehicle washing
areas, and locations exposed to weather and
unprotected. A zone measured 3 ft. (914mm)
horizontally and 8 ~. (2.44mm) vertically from the
rim and or thresholds of all tubs and or showers
will be included. This zone is all encompassing
and includes the zone directly over these types
of installations.
Section 110-26 ('c), entitled Access and Entrance
to Workinn Space, is amended by amending the
first two paranraphs to read as follows:
At least one entrance of sufficient area shall be
provided to give access to the working space
about electric equipment.
For equipment rated 1200 amperes or more and
over 6 ~ (1.83 m) wide that contains overcurrent
devices, switching devices, or control devices,
there shall be one entrance not less than 24 in.
(610 mm) wide and 6~ ~ (1.98 m) high at each
end of the working space. In all cases an access
shall be provided to these areas which is large
enough to accommodate the removal of the
largest piece of equipment contained in that
area.
Section 110-26 ('f)(1)(a),' entitled Dedicated
Electrical Space, is amended to read as follows:
The space equal to the width and depth of the
equipment and extending from the floor to a
height of 10 ~ (1.83 m) above the equipment or
to the structural ceiling, whichever is lower, shall
be dedicated to the electrical installation. No
piping, ducts, or equipment foreign to the
electrical installation shall be located in this
zone.
Section 210-8(a)(7), entitled Wet Bar Sinks, is
amended to read as follows: Where the
receptacles are located within 6 ~ (1.83 m) of the
outside edge of wet bar sinks, laundry sinks,
mop sinks and or of the like. Receptacle outlets
shall not be installed in a face-up position in the
work surfaces or countertops.
Section 210-11 (c)('3), entitled Bathroom Branch
Circuits, is amended by amendin.q the exception
contained therein to read as follows: Exception:
Where the 20-ampere circuit supplies a single
bathroom, outlets for other equipment within the
same bathroom shall be permitted to be supplied
in accordance with Section 210-23(a), providing
there is a minimum of one lighting outlet that is
supplied by a separate circuit other than the
bathroom circuit serving that bathroom.
Section 210-12, entitled Arc-Fault Circuit-
Interrupter Protection, is hereby deleted.
Section 210-52 ('a)(2), entitled Wall Space, is
hereby amended to read as follows: As used in
this section, a wall space shall include the
following:
Ordinance No. 00-3920
Page 4
a. Any space 2 fi (610 ram) or more in width
(including space measured around corners) and
unbroken along the floor line by doorways,
fireplaces, and similar openings;
b. The space occupied by fixed panels in
exterior walls, excluding sliding panels;
c. The space afforded by fixed room dividers
such as freestanding bar-type counters or
railings.
Exception: Those railings that are serving as a
guardrail for hal/ways or walkways which are of
the open type railing.
Section 210-52 (c)(2), entitled Island Counter
Spaces, is hereby amended to read as follows:
Receptacle outlets may be installed at each
island counter space upon the request of the
customer.
Section 210-52 ('c)(3), entitled Peninsular
Counter Spaces, is amended bv amendin.~ the
first paragraph to read as follows: At least two
duplex receptacle outlets shall be installed at the
wall where the peninsular counter space
intersects the structural wall. A peninsular
countedop is measured from the connecting
edge.
Section 210-52 ('d), entitled Bathrooms, is
amended to read as follows: In dwelling units, at
least one wall receptacle outlet shall be installed
in bathrooms within 36 in. (914 mm) of the
outside edge of each basin. The receptacle
outlet shall be located on a wall that is adjacent
to the basin area, and above the rim of the
basin. See Section 210-8(a)(1). Receptacle
outlet(s) shall not be installed in a face up
position in the work surfaces or countertops in a
bathroom basin location.
Section 210-52 ('h), entitled Hallwavs, is herebv
amended to read as follows: In all single and
multifamily dwelling units, hallways of 10 ft (3.05
m) or more in length, or 30 or more square feet,
shall have at least one duplex receptacle outlet
installed. For common corridors, hallways and
exit accesses of multifamily dwellings, no point
along this hallway shall be further than 15 feet
from any one receptacle.
As used in this subsection, the hall length shall
be considered the length along the centerline of
the hall without passing through a doorway.
A new Section 210-52 ('i), entitled Water
Conditioning EQuipment, is herebv added: In
dwelling units, a receptacle for the water
conditioning equipment shall be installed. It
shall be installed within a 6' zone, and in the
same room, of where the said equipment is
normally set.
Section 210-70 ('a)('l), entitled Habitable Rooms,
is hereby amended by amendinQ the first
paraqraph to read as follows: At least one wall
switch shall be installed controlling the lighting
outlet(s) in every habitable room and bathroom,
and conveniently located within 5 foot of each
main entry to that room. The 5 foot
Ordinance No. 00r3920 ,
Page 5
measurement shall be measured from the doors
edge.
Section 220-3 (b)(7), entitled Show Windows, is
hereby amended to read as follows: Show
windows shall be computed in accordance with
either (a) or (b) and the largest computed load
shall be used.
Section 225-19 (d), entitled Final Spans, is
hereby amended by amendin.q the first
paragraph to read as follows: Final spans of
feeders or branch circuits to a building they
supply or from which they are fed shall be
permitted to be attached to the building, but they
shall be kept not less than 3 ~ (914 mm) from
windows that are designed to be opened, doors,
porches, balconies, ladders, stairs, fire escapes,
or similar locations. Vedical clearance of final
spans above, or within 3 ~ (914 mm) measured
horizontally of, platforms, projections, and
walking/and or sitting surfaces of a nominal 6"
board width or wider or any other surface from
which they might be reached shall be maintained
in accordance with Section 225-18.
Section 230-9, entitled Clearance from Buildin.q
Openin.qs, is hereby amended by amendin.q the
first para.qral~h to read as follows: Service
conductors installed as open conductors or
multiconductor cable without an overall outer
jacket shall have a clearance of not less than 3 ~
(914 mm) from windows that are designed to be
opened, doors, porches, balconies, ladders,
stairs, fire escapes, or similar locations. Vertical
clearance of final spans above, or within 3 ~
(914 mm) measured horizontally of, platforms,
projections, and walking/and or sitting surfaces
of a nominal 6" board width or wider or any other
surface from which they might be reached shall
be maintained in accordance with Section 230-
24(b).
Section 230-50, entitled Protection of Open
Conductors and Cables AQainst Dama.qe --
Above Ground, is hereby amended to read as
follows:
Service-entrance conductors installed above
ground shall be protected against physical
damage as specified in (a) or (b).
(a) Service Cables. Service cables, where
subject to physical damage, shall be protected
by any of the following:
1. Rigid metal conduit
2. Intermediate metal conduit
3. Electrical metallic tubing
4. Other approved means
(b) Other than Service Cable. Individual open
conductors and cables other than service cables
shall not be installed within 10 fi (3.05 m) of
grade level or where exposed to physical
damage.
Exception: Type MI and Type MC cable shaft be
permitted within lO ft (3.05 m) of grade level
where not exposed to physical damage or where
protected in accordance with Section 300-5(d).
Ordi nance No. 00-3920 .
Page 6
Exception: Rigid nonmetal/it conduit suitable for
the location shall be accepted in exposed
installations in lengths of less than 6 feet total.
Section 230-79, entitled Ratin.~ of Service
Disconnectin.cl Means, is hereby amended to
read as follows: The service disconnecting
means shall have a rating not less than the load
to be carried, determined in accordance with
Article 220. In no case shall the rating be lower
than specified in (a), (b), (c), or (d).
(a) One-Circuit Installation. For installations
to supply only limited loads of a single branch
circuit, the service disconnecting means shall
have a rating of not less than 15 amperes.
{b) Two-Circuit Installations. For installations
consisting of not more than two 2-wire branch
circuits, the service disconnecting means shall
have a rating of not less than 30 amperes.
{c) One-Family Dwelling. Shall be sized
according to the following:
(1) RPD-1 Service: For a single family
dwelling, and single dwelling units located in a
multi-family dwelling structures, which have up to
2500 square feet of finished floor space or
space that could be finished shall have a
minimum 100 amp rated overcurrant protection
device. The conductors supplying this service
shall be sized in accordance with Table 310-16.
(2) RPD-2 Service: For a single family
dwelling, and single dwelling units located in a
multi-family dwelling structures, which have 2500
to 5000 square feet of finished floor space or
space that could be finished shall have a
minimum 200 amp rated overcurrent protection
device. The conductors supplying this service
shall be sized in accordance with Table 310-16.
(3) RPD-3 Service: For a single family
dwelling which has more than 5000 square feet
of finished floor space or space that could be
finished shall have a minimum 400 amp rated
overcurrent protection device. The conductors
supplying this service shall be sized in
accordance with Table310-15 (b)(6).
(Exception: Single dwelling units located in a
multi-family dwelling structure with provisions
for gas fired appftance(s) only (ranges, dryers,
and heating) shall have a minimum of a 60
amp rated main overcurrent protection device.
The conductors supplying this feeder panel
shall be sized in accordance with Table 310-
16.
Section 250-56, entitled Resistance of Made
Electrodes, is hereby amended to read as
follows: A single electrode consisting of a rod,
pipe, or plate that does not have a resistance to
ground of 25 ohms or less shall be augmented
by one additional electrode of any of the types
specified in Sections 250-50 or 250-52. Where
multiple rod, pipe, or plate electrodes are
installed to meet the requirements of this
section, they shall not be less than 6 ft (1.83 m)
apart.
Ordinance No. 00-3920
Page 7
Notwithstanding the above, single ground rod
electrodes shall only be accepted if a Grounding
Resistance Test is conducted and the results of
the test are filed with the building department
prior to inspection and energizing of the service.
Section 250-62, entitled Groundin.q Electrode
Conductor Material, is hereby amended to read
as follows: The grounding electrode conductor
shall be of copper. The material shall be
resistant to any corrosive condition existing at
the installation or shall be suitably protected
against corrosion. The conductor shall be solid
or stranded, insulated, covered, or bare.
Section 250-64, entitled Groundin.a Electrode
Conductor Installation, is hereby amended bv
amendin.a Para.qraphs ('a) and ~b) to read as
follows:
(a) Aluminum or Copper-Clad Aluminum
Conductors. Insulated or bare aluminum or
copper-clad aluminum grounding conductors
shall not be used for any part of the grounding
electrode system.
(b) Grounding Electrode Conductor. A
grounding electrode conductor or its enclosure
shall be securely fastened to the surface on
which it is carried. A No. 4 copper or aluminum,
or larger conductor shall be protected if exposed
to severe physical damage. A No. 6 grounding
conductor that is free from exposure to physical
damage shall be permitted to be run along the
surface of the building construction without metal
covering or protection where it is securely
fastened to the ~;onstruction; otherwise, it shall
be in rigid metal conduit, intermediate metal
conduit, rigid nonmetallic conduit, electrical
metallic tubing, or cable armor. Grounding
conductors smaller than No. 6 shall be in rigid
metal conduit, intermediate metal conduit, rigid
nonmetallic conduit, electrical metallic tubing, or
cable armor.
Exception: Grounding Electrode Conductors
routed to the exterior of the dwelling or structure
shall not have more than 24' of the conductor
exposed above grade. When in excess of 24"
one of the following forms of protection wi// be
approved; rigid metal conduit, intermediate metal
conduit, rigid nonmetallic conduit.
TABLE 250-66, entitled Groundin.q Electrical
Conductor for Alternating - Current Systems, is
hereby amended to read as follows:
Size of Largest Service- Size of
Entrance Conductor or Grounding
Equivalent Area for Parallel Electrode
Conductors Electrode
Conductor
Aluminum or
Copper-Clad
Copper Aluminum Copper
2 or smaller 1/0 or smaller 4
1 or 1/0 2/0 or 3/0 4
2/0 or 3/0 4/0 or 250 kcmil 4
Ordi nance No. 00-3920
Page 8
Over 3/0 Over 250 kcmil 2
through 350 through 500
kcmil kcmil
Over 350 Over 500 kcmil 1/0
kcmil through through 900
600 kcmil kcmil
Over 600 Over 900 kcmil 2/0
kcmil through through 1750
1100 kcmil kcmil
Over 1100 Over 1756 kcmil 3/0
kcmil
Notes:
1. Where multiple sets of service-entrance
conductors are used as permitted in Section
230-40, Exception No. 2., the equivalent size of
the largest service-entrance conductor shall be
determined by the largest sum of the areas of
the corresponding conductors of each set.
2. Where there are no service-entrance
conductors, the grounding electrode conductor
size shall be determined by the equivalent size of
the largest service-entrance conductor required
for the load to be served.
3. This table also applies to he derived
conductors of separately derived ac systems.
Section 250-104{b), entitled Metal Gas Piping, is
hereby amended as follows: Each aboveground
portion of a gas piping system upstream from
the equipment shutoff valve shall be electrically
continuous and bonded to the grounding
electrode system. This bonding conductor shall
be sized in accordance to Table 250-122 and
sized to the maximum rating of the service
disconnect means serving the dwelling unit. The
connection shall remain accessible.
Section 300-13 {b), entitled Device Removal, is
hereby amended to read as follows: Device
Removal. In all general purpose branch circuits,
the continuity of the grounding, grounded, and
the ungrounded conductor(s), shall not depend
on device connections such as lampholders,
receptacles, etc., where the removal of such
devices would interrupt the continuity.
Section 310-4, entitled Conductors in Parallel, is
hereby amended to read as follows: Aluminum,
copper-clad aluminum, or copper conductors of
size No. 1/0 and larger, comprising each phase,
neutral, or grounded circuit conductor, shall be
permitted to be connected in parallel (electrically
joined at both ends to form a single conductor).
Exception No. 1: As permitted in Section 620-
12(a)(1 ).
Exception No. 2: Conductors in sizes smaller
than No. 1/0 shall be permitted to be run in
parallel to supply control power to indicating
instruments, contractors, relays, solenoids, and
similar control devices provided
a. They are contained within the same
raceway or cab/e,
b. The ampacity of each individual conductor
is sufficient to carry the entire load current
shared by the parallel conductors, and
Ordi nance No. 00-3920
Page 9
c. The overcurrent protection is such that the
ampacity of each individual conductor will not be
exceeded if one or more of the parallel
conductors become inadvertently disconnected.
Exception No. 3: Conductors in sizes smaller
than No. 1/0 shall be permitted to be run in
parallel for frequencies of 360 Hz and higher
where conditions (a), (b), and (c) of Exception
No. 2 are met.
Exception No. 4: Under engineering supervision,
grounded neutral conductors in sizes No. 2 and
larger shall be permitted to be run in parallel for
existing installations.
FPN: Exception No. 4 can be utilized to alleviate
overheating of neutral conductors in existing
installations due to high content of triplen
harmonic currents.
The paralleled conductors in each phase,
neutral, or grounded circuit conductor shall 1. Be the same length,
2. Have the same conductor material,
3. Be the same size in circular mil area,
4. Have the same insulation type, and
5. Be terminated in the same manner.
Where run in separate raceways or cables, the
raceways or cables shall have the same physical
characteristics. Conductors of one phase,
neutral, or grounded circuit conductor shall be
required to have the same physical
characteristics as those of another phase,
neutral, or grounded circuit conductor to achieve
balance.
FPN: Differences in inductive reactance and
unequal division of current can be minimized by
choice of materials, methods of construction,
and orientation of conductors.
Where equipment grounding conductors are
used with conductors in parallel, they shall
comply with the requirements of this section
except that they shall be sized in accordance
with Section 250-122.
Where conductors are used in parallel, space in
enclosures shall be given consideration (see
Articles 370 and 373).
Conductors installed in parallel shall comply with
the provisions of Section 310-15(b)(2)(a).
Section 310-15 ('b)('6), entitled 120/240-Volt, 3-
Wire, Sin.~le-Phase Dwellin.~ Services and
Feeders, is herebv amended by amendin.~ the
first Dara.~raDh to read as follows and addinq an
exception after said first Daraqraph as follows:
For dwelling units, conductors, as listed in Table
310-15(b)(6), shall be permitted as 120/240-volt,
3-wire, single-phase service-entrance
conductors, service lateral conductors, and
feeder conductors that serve as the main power
feeder to a dwelling unit and are installed in
raceway or cable with or without an equipment
grounding conductor. For application of this
section, the main power feeder shall be the
feeder(s) between the main disconnect and the
lighting and appliance branch-circuit
panelboard(s), and the feeder conductors to a
Ordi nance No. 00-3920_.
Page 10
dwelling unit shall not be required to be larger
than their service-entrance conductors. The
grounded conductor shall not be permitted to be
smaller than the ungrounded conductors,
provided the requirements of Sections 215-2,
220-22, and 230-42 are met.
Exception: Manufactured U.L. Listed Cables,
and Listed Cable Assemblies with reduced
grounded conductors shall be acceptable in
residential applications only.
Section 333-21, entitled Groundin.q, is hereby
amended to read as follows: Type AC Cable
shall have an equipment grounding conductor
installed within the sheath of all AC cables to
adequately provide a low impedance path to
ground to facilitate the operation of the
overcurrent protection device as required by
Section 250-2(d).
Section 334-23, entitled Groundina, is hereby
amended to read as follows: Type MC Cable
shall have an equipment grounding conductor
installed within the sheath of all MC cables to
adequately provide a low impedance path to
ground to facilitate the operation of the
overcurrent protection device as required by
Article 250.
Section 336-4, entitled Uses Permitted, is hereby
amended by amendina the first unlettered
subsection to read as follows:
Type NM, Type NMC, and Type NMS cables
shall be permitted to be used in the following:
1. One- and two-family dwellings
2. Multifamily dwellings constructed of a
combustible type construction.
3. Cable trays, where the cables are identified
for the use
FPN: See Section 310-10 for temperature
limitation of conductors.
Section 336-5(a), entitled Types NM, NMC, and
NMS, is hereby amended to read as follows:
Types NM, NMC, and NMS cables shall not be
used in the following:
1. In any multifamily dwelling four floors above
grade. For the purpose of this article, the first
floor of a building shall be that floor that has 50
percent or more of the exterior wall surface area
level with or above finished grade. One
additional level that is the first level and not
designed for human habitation and used only for
vehicle parking, storage, or similar use shall be
permitted.
2. As service-entrance cable.
3. In commercial garages having hazardous
(classified) locations as provided in Section
511-3.
4. In theaters and similar locations, except as
provided in Article 518, Places of Assembly.
5. In motion picture studios.
6. In storage battery rooms.
7. In hoistways.
8. Embedded in poured cement, concrete, or
aggregate.
0rdi nance No. 00-3920.
Page 11
9. In any hazardous (classified) location,
except as permitted by Sections 501-4(b),
Exception, 502-4(b), Exception, and 504-20.
10. Commercial and Industrial Construction.
Section 350-5, entitled Uses Not Permitted, is
hereby amended to read as follows: Flexible
metal conduit shall not be used in the following:
1. In wet locations.
2. In hoistways, other than as permitted in
Section 620-21 (a)(1).
3. In storage-battery rooms.
4. In any hazardous (classified) location other
than as permitted in Sections 501-4(b) and
504-20.
5. Where exposed to materials having a
deteriorating effect on the installed conductors,
such as oil or gasoline.
6. Underground or embedded in poured
concrete or aggregate.
7. Where subject to physical damage.
Section 362-6, entitled Deflected Insulated
Conductors, is hereby amended to read as
follows: Where insulated conductors are
deflected within a wireway, either at the ends or
where conduits, fittings, or other raceways or
cables enter or leave the wireway, or where the
direction of the wireway is deflected greater than
30 degrees, dimensions corresponding to
Section 373-6 shall apply.
Where insulated conductors No. 4 or larger
enter a wireway through a raceway or cable, the
distance between raceway and cable entries
enclosing the same conductor shall not be less
than six times the trade diameter of the larger
raceway or cable connector.
Section 370-27(c), entitled Boxes at Ceilin.q-
Suspended (Paddle) Fan Outlets, is hereby
deleted and a new Section 370-27(c), entitled
Required Locations for Ceilinq Fan Rated Boxes,
is hereby inserted to read as follows:
All boxes used as lighting fixture outlets shall be
of the "Ceiling Fan Rated Type" and shall comply
with Article 422-18 (a) and (b).
Exception: In areas such as unfinished
basements, closets, hallways, garages, and
bathrooms, areas listed above shall not be
exempt if a ceiling (paddle) fan(s) are installed in
these areas.
Section 380-4, entitled Wet Locations, is hereby
amended to read as follows: A switch or circuit
breaker in a wet location or outside of a building
shall be enclosed in a weatherproof enclosure or
cabinet that shall comply with Section 373-2(a).
Switches shall not be installed within wet
locations in tub or shower spaces unless
installed as part of a listed tub or shower
assembly.
Exception: Switches that are protected with a
GFCI protected circuit may be installed with
approval within the tub shower space.
Section 410-4(d), entitled Bathtub and Shower
Areas, is hereby amended to read as follows: No
parts of cord-connected fixtures, hanging
Ordinance No. 00-3920.
Page 12
fixtures, lighting track, pendants, or ceiling-
suspended (paddle) fans shall be located within
a zone measured 3 ~ (914 mm) horizontally and
8 fi (2.44 m) vertically from the top of the bathtub
rim or shower stall threshold. All other types of
fixtures located within this area must meet the
requirements of Section 410-4 (a) and shall be
GFCI protected. This zone is all encompassing
and includes the zone directly over the tub or
shower stall.
Section 518-4(b), entitled Nonrated
Construction, is hereby amended to read as
follows: Type AC and MC cable, electrical
nonmetallic tubing, and rigid nonmetallic conduit
shall be permitted to be installed in those
buildings or portions thereof that are not required
to be of fire-rated construction by the applicable
building code.
Section 680-12, entitled Disconnectin.q Means is
hereby amended to read as follows: A
disconnecting means shall be provided and be
accessible, to disconnect simultaneously, all
ungrounded conductors. It shall be located within
sight of, but no closer than 5 ~ (1.52 m) from the
inside walls of the pool, spa, or hot tub and or of
the like type equipment.
Section 680-38, entitled Emerqency Switch for
Spas and Hot Tubs, is hereby amended to read
as follows: A clearly labeled emergency shutoff
or control switch for the purpose of stopping the
motor(s) that provide power to the recirculation
system and jet system shall be installed readily
accessible to the users and at least 5 ~ (1.52 m)
away, adjacent to, and within sight of the spa or
hot tub. This requirement shall not apply to
privately owned units located in single-family
dwellings and in individually owned dwelling units
of multi-family complex(es).
Section 800-40 (a)('2), entitled Material, is hereby
amended to read as follows: The grounding
conductor shall be copper, either stranded or
solid. This conductor shall be identified in
accordance with Section 250-119.
SECTION V. The following new sections are
hereby added to the City Code:
Sec. 14-5C-3. Application to Existing
Electrical Systems and Equipment.
(a) Additions, alterations or repairs.
Additions, alterations or repairs may be made to
an electrical system and equipment without
requiring the existing electrical system and
equipment to comply with all the requirements of
this code, provided the addition, alteration or
repair conforms to that required for a new
electrical system and equipment, and provided
further that no hazard to life, health or safety will
be created by such additions, alterations or
repairs.
With approval of the Building Official, prior to the
commencement of work, minor additions,
alterations and repairs to an existing electrical
system and equipment may be made in
Ordi nance No. 00-3920
Page 13
accordance with the law in effect at the time the
original installation was made.
(b) Existing Installations. Electrical systems
and equipment lawfully in existence at the time of
the adoption of this code may have their use,
maintenance, or repair continued if the use,
maintenance or repair is in accordance with the
original design and no hazard to life, health, or
property has been created by such electrical
system and equipment.
(c) Changes in building occupancy.
Electrical systems and equipment which are a pad
of any building or structure undergoing a change
in use or occupancy, as defined by the building
code, shall comply with the requirements of this
code which are applicable to the new use or
occupancy.
(d) Maintenance. All electrical systems and
equipment, both existing and new, and all pads
thereof shall be maintained in a proper operating
condition in accordance with the original design
and in a safe and hazard-free condition. All
devices or safeguards which are required by this
code shall be maintained in conformance with this
code. The owner or designated agent shall be
responsible for the maintenance of the electrical
system. To determine compliance with this
subsection, the Building Official may require any
electrical system to be re-inspected.
(e) Moved buildings. Electrical systems and
equipment which are pad of buildings or
structures moved into or within this jurisdiction
shall comply with the provisions of this code for
new installations.
Sec. 14-5C-4. Conflicting provisions.
If different sections of this code specify different
materials, methods of construction or other
requirements, the most restrictive section shall
control.
Sec. 14-5C-5. Alternate materials and methods
of construction.
The Building Official may approve the use of an
alternate material or method of construction if the
proposed design complies with the provisions of
this code and the material or method of
construction offered is at least the equivalent of
that prescribed in this code in suitability, strength,
effectiveness, fire resistance, durability and safety.
The Building Official shall require sufficient
evidence or proof to substantiate any claims
regarding the use of alternates. The Building
Official shall record in the files of the code
enforcement agency any decision to approve an
alternate material or method of construction.
Sec. 14-5C-6. Modifications.
The Building Official may grant modifications for
individual cases, provided that a special individual
reason makes the strict letter of this code
impractical and the modification is in conformity
with the intent and purpose of this code, and that
such modification does not lessen health, life and
fire safety requirements. The details of such
Ordi nance No. 00~3920
Page 14
actions granting modification shall be recorded
and entered in the files of the code enforcement
agency.
Sec. 14-5C-7. Tests.
Whenever there is insufficient evidence of
compliance with any of the provisions of this code
or evidence that materials or construction do not
conform to the requirements of this code, the
Building Official may require tests as evidence of
compliance to be made at no expense to this
jurisdiction.
Test methods shall be as specified by this code
or by other recognized test standards. In the
absence of recognized and accepted test
methods for the proposed alternate the Building
Official shall determine test procedures.
All tests shall be made by an approved agency.
Reports of such tests shall be retained by the
Building Official for the period required for the
retention of public records.
Sec. 14-5C-8. Powers and Duties of Building
Official.
(a) General. The Building Official is hereby
authorized and directed to enforce all the
provisions of this code. The Building Official may
appoint a chief electrical inspector and other
related technical officers and inspectors and other
employees as shall be authorized from time to
time,
(b) Right of Entry. Whenever necessary to
make an inspection to enforce the provisions of
this code, or whenever the Building Official or an
authorized representative has reasonable cause
to believe that there exists in a building or upon a
premises a condition or code violation which
makes such building or premises unsafe,
dangerous or hazardous, the Building Official or
an authorized representative may enter such
building or premises at all reasonable times to
inspect the same or to perform any duty imposed
upon the building or premises by such codes,
provided that if such building or premises be
occupied, the Building Official shall first present
proper credentials and request entry. If such
building or premises is unoccupied, the Building
Official shall first make a reasonable effort to
locate the owner or other persons having charge
or control of the building or premises and request
entry. If entry be refused, the Building Official or
an authorized representative shall have recourse
to remedy provided by law to secure entry.
When the Building Official or an authorized
representative shall have first obtained a proper
inspection warrant or other remedy provided by
law to secure entry, an owner or occupant or
other persons having charge, care or control of
the building or premises shall not fail or neglect,
after proper request is made as herein provided,
to promptly permit entry therein by the Building
Official or authorized representative for the
purpose of inspection and examination pursuant
to this code.
Ordi nance No. 00-3920,
Page 15
(c) Stop Orders. When work is being done
contrary to the provisions of this code, the Building
Official may order the work stopped by notice in
writing served on persons engaged in the doing or
causing such work to be done, and such persons
shall immediately stop such work until authorized
by the Building Official to proceed with the work.
(d) Authority to Disconnect Utilities in
Emergencies. The Building Official or authorized
representative shall have the authority to
disconnect electric power or energy service
supplied to the building, structure or building
service equipment therein regulated by this code
in case of emergency where necessary to
eliminate an immediate hazard to life or property.
The Building Official shall whenever possible
notify the serving utility, the owner and occupant
of the building, structure or electrical system or
equipment of the decision to disconnect prior to
taking such action and shall notify the serving
utility, owner and occupant of the building,
structure or building equipment, in writing, of the
disconnection immediately there after.
(e) Authority to Condemn Electrical System
and Equipment. If the Building Official
determines that an electrical system or equipment
regulated by this code has become hazardous to
life, health or property, the Building Official shall
order in writing a notice of violation. The notice
shall state the description, and the corrective
action that needs to be taken for the electrical
system or equipment on the premises to be
restored to a safe condition. The written notice
shall also state a minimum time limit for
compliance. Persons shall not use or maintain
defective electrical system or equipment after
receiving notice. This work shall be done by a
licensed electrical contractor, licensed by the City
of Iowa City.
If equipment or an installation is to be
disconnected the Building Official shall issue a
written notice of such disconnection and
reasons therefor to the serving utility, and the
owner and occupants of the building, structure
or premises within 24 hours of the order to
disconnect.
When an electrical system or equipment is
maintained in violation of this code and in
violation of a notice issued pursuant to the
provisions of this section, the Building Official
shall institute appropriate action to prevent,
restrain, correct or abate the violation.
(f) Connection after Order to Disconnect.
Persons shall not make connections from any
energy or power supply nor supply power to an
electrical system or equipment which has been
disconnected or ordered to be disconnected by
the Building Official or the use of which has been
ordered to be discontinued by the Building Official
until the Building Official authorizes the
reconnection and use of the electrical system or
equipment.
0rd.inance No. 00-3920
Page 16
(g) Liability. The Building Official, or an
authorized representative charged with the
enforcement of this code, acting in good faith and
without malice in the discharge of duties, shall not
be personally liable for any damage that may
accrue to persons or property as a result of an act
or by reason of an act or omission in the
discharge of duties.
This code shall not be construed to relieve or
lessen the responsibility of a person owning,
operating or controlling any building, structure or
building service equipment therein for any
damages to persons or property caused by
defects, nor shall the code enforcement agency
or its parent jurisdiction be held as assuming
such liability by reason of the inspections
authorized by this code or approvals issued
under this cede.
(h) Cooperation of Other Officials and
Officers. The Building Official may request, and
shall receive so far as is required in the discharge
of duties, the assistance and cooperation of other
officials of this jurisdiction.
Sec. 14-5C-9. Unsafe Electrical Systems or
Equipment.
Electrical systems or equipment regulated by
this code which are unsafe, or which constitute a
fire hazard, or are otherwise dangerous to human
life are, for the purpose of this section, unsafe.
Use of electrical systems or equipment regulated
by this code constituting a hazard to safety, health
or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for
the purpose of this section, an unsafe use.
Unsafe electrical systems or equipment are
hereby declared to be public nuisances and shall
be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set
forth in the Uniform Code for the Abatement of
Dangerous Buildings or an alternate procedure as
may be adopted by this jurisdiction. As an
alternative, the Building Official or other employee
or official of this jurisdiction as designated by the
governing body may institute other appropriate
action to prevent, restrain, correct or abate the
violation.
Sec. 14-5C-10. BOARD OF APPEALS.
A. General. The Board of Appeals shall hear
and decide appeals of orders, decisions or
determinations made by the Building Official
relative to the application and interpretation of this
code. The Board shall consist of at least five (5)
members who are qualified electors of the city of
Iowa City but are not employed by the City. The
Board shall include at least one licensed
electrician, one licensed plumber, one member
qualified by experience and training to pass upon
matters pertaining to mechanical design,
construction and maintenance. one representative
from the Iowa City Homebuilders Association, and
at least one building design professional. All other
Ordinance No. 00~3920
Page 17
members shall be qualified by experience and
training to pass upon matters pertaining to
building construction and interpretations of the
Building Official. If any electrician on the Board of
Appeals is involved in an appeal before the Board,
the other members of the Board shall appoint an
alternate qualified electrician who is a qualified
elector of the City of Iowa City to act in his or her
stead. The Senior Building Inspector shall be an
ex official member of, and shall act as secretary to
the Board. The members of the Board of Appeals
shall be appointed by the City Council and shall
hold office at its pleasure.
B. Limitations of Authority, The Board of
Appeals shall have no authority to waive
requirements of this Code.
Sec. 14-5C-11. Violations
It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or
demolish, equip, use or maintain an electrical
system or equipment or cause or permit the same
to be done in violation of this code.
Sec. 14-5C-12. Licenses.
A. No person shall perform unsupervised
electrical work, within Iowa City, with or without
compensation unless the person holds a master
electrician's license issued by the City except as
permitted by sections 14-5C-23 B and C.
B. No person shall work as a journeyman
electrician within the City unless the person holds
a journeyman electrician's license issued by the
City.
C. No person shall knowingly employ or permit
an unlicensed person to perform electrical work
within Iowa City if the work is required by this
Code to be performed by a licensed electrician.
D. There shall be a propedy licensed
electrician present at all locations and at all times
where electrical work is being performed. At least
one licensed electrician shall be present for every
three apprentices or workers. Such licensed
electrician must be an employee of the permit
holder.
E. The provisions of this section shall not apply
to:
(1) The personnel of the traffic engineering
division of the city or persons who work for a
public utility company, telephone or telegraph
company, nor to persons performing electrical
work as an integral part of the plant used by such
company in rendering its duly authorized service
to the public.
(2) A regular employee of any railroad who
does electrical work only as a part of that
employment.
(3) The service or maintenance of heating or
air conditioning equipment provided that such
work or maintenance shall only include electrical
work on electrical equipment that is part of such
equipment. Such work shall include the
connection of heating or air conditioning
Ordi nance No. 00-3920
Page 18
equipment to an individual branch circuit, that
contains no other loads.
F. Revocation of License:
1.The administrative authority, with consent of
the Board of Appeals, may revoke any license
issued if the license holder shows incompetence
or lack of knowledge, if the license was obtained
by fraud or for continual violation of any sections
of this Code.
2. Licenses are not transferable. The lending of
any license or the obtaining or permits thereunder
for any other person shall be deemed cause for
revocation.
3. Revocation shall occur only after the
Administrative Authority has given the licensee
written notice and an opportunity for an
administrative hearing before the Board of
Appeals.
G. Reissuance of License After Revocation: If
a license is revoked for any reason, another
license shall not be issued for at least twelve (12)
months after revocation.
Sec. 14-5C-13. Applications.
Any person required by this ordinance to
possess a license for electrical work shall make
application to the Building Official.
Sec. 14-5C-14. Application and Examination
Fees.
Fees for persons applying for a license for
electrical work shall be established by resolution
of the City Council, and shall not be refunded.
Sec. 14-5C-15. LICENSING STANDARDS.
The Administrative Authority shall issue licenses
pursuant to the following provisions:
A. A master electrician's license shall be
issued to every person who demonstrates
satisfactory completion of two years of experience
as a licensed journeyman electrician, and
successfully passes the examination approved by
the Board of Appeals. The fee for the license
shall be set by resolution of Council.
B. A journeyman electrician's license shall be
issued to every person who demonstrates
satisfactory completion of three years of
experience as an apprentice electrician with an
established electrical company, and successfully
passes the examination approved by the Board of
Appeals. The fee for the license shall be set by
resolution of Council.
C. Only one license shall be issued to any
individual in any license category on the basis of a
single examination.
Sec. 14-5C- 16. RE-EXAM INATIONS.
Any person who fails the journeyman or master
electrician's examination may apply for re-
examination at the next regularly scheduled
examination.
Sec. 14-5C-17. RENEWALS.
A. Every license which has not previously
been revoked shall expire on December 31 of
each year. Renewal fees shall be as established
by resolution of City Council. Any license that has
Ordinance No. 00-3920
Page 19
expired may be reinstated within sixty (60) days
after the expiration date upon payment of an
additional ten dollar ($10) reinstatement fee. After
the expiration of the sixty (60) day period, no
license shall be renewed except upon
reexamination. Notwithstanding the above, upon
application, the Board of Appeals may waive the
re-examination requirement for licenses which are
not renewed within the sixty (60) day period if the
licensee provides evidence that the failure to
renew was due to the medical reasons or other
circumstances beyond the control of the licensee.
B. Code Update Certificate. Prior to receiving
any active electrical license, each applicant shall'
complete an approved eight hour National
Electrical Code update class based on the
changes in the most current edition of the National
Electrical Code within one year of its adoption by
the City. A documentation of completion must be
submitted to the Building Official to accompany
application for renewal.
C. At the time of renewal, each licensee shall
identify the company where currently employed.
Sec. 14-5C-18. Maintenance electrician's
certificate; when required.
. A. A maintenance electrician's certificate shall
be required of any person employed as a
maintenance electrician as defined by this Code.
A maintenance electrician's certificate shall be
issued to any person who shall satisfactorily pass
the examination approved by the Board. Any
person holding a maintenance electrician's
certificate issued by the city prior to passage of
this code shall be issued a renewal of the
certificate without taking the examination herein
provided.
B. The installation of any additional electrical
equipment of any kind by the holder of a
maintenance electrician's certificate is hereby
prohibited.
Sec. 14-5C-20 Inactive license.
Any current electrical license may be classified
as inactive upon written request of the licensee.
Once so classified, the license holder is permitted
to maintain the electrical license as current but will
not be permitted to obtain an electrical permit nor
otherwise actively participate in the electrical trade
in Iowa City. The license may be reactivated upon
completion of an eight hour National Electrical
Code class on the changes based on the most
current edition of the National Electrical Code and
payment of the full license fee for that year. The
fee for an inactive license shall be set by
resolution of City Council.
Sec. 14-5C-21. Permits.
(a) Permits Required. Except as specified in
Subsection (b) of this section, no electrical work
regulated by this code shall be installed, altered,
repaired, replaced or remodeled unless a
separate electrical permit for each building or
structure has first been obtained from the Building
Official.
Ordi nance No. 00-3920
Page 20
(b) Exempt Work. An electrical permit shall
not be required for the following:
1. Podable motors or other podable
appliances energized by means of a cord or cable
having an attachment plug end to be connected to
an approved receptacle when that cord or cable is
permitted by this code.
2. Repair or replacement of fixed motors,
transformers or fixed approved appliances of the
same type and rating in the same location.
3.Temporary decorative lighting.
4. Repair or replacement of current-carrying
pads of any switch, contractor, control device or
contact device of the same type and or rating.
5. Replacement of any overcurrent device of
the required ampacity and interrupt rating in the
same location.
6. Repair or replacement of electrodes or
transformers of the same size and capacity for
signs or gas tube systems.
7. Temporary wiring for experimental
purposes in suitable experimental laboratories.
8.The wiring for temporary theater, motion
picture or television stage sets.
Exemption from the permit requirements of this
code shall not be deemed to grant authorization
for any work to be done in violation of the
provisions of this code or any other laws or
ordinances of this jurisdiction.
Sec. 14-5C-22. Application for Permit.
(a) Application. To obtain a permit, the
applicant shall first file a written application on a
form furnished by the code enforcement agency
for that purpose. Every such application shall:
1. Identify and describe the work to be
covered by the permit for which application is
made.
2. Describe the land on which the proposed
work is to be done by legal description, street
address or similar description that will readily
identify and definitely locate the proposed building
or work.
3. Indicate the use or occupancy for which
the proposed work is intended.
4. Provide plans, diagrams, computations
and specifications and other data as required in
Subsection (b) of this section.
5. The permittee, or authorized agent, must
sign the application.
6. Give such other data and information as
may be required by the Building Official.
(b) Submittal Documents. Plans,
specifications, engineering calculations, diagrams
and other data shall be submitted in one or more
sets with each application for a permit. The
Building Official may require plans, computations
and specifications to be prepared and designed
by an engineer or architect licensed by the state to
practice as such.
EXCEPTION: The Building Official may waive the
submission of plans, calculations, etc., if the
Building Official finds that the nature of the work
Ordi nance No. 00-3920
Page 21
applied for is such that review of plans is not
necessary to obtain compliance with this code.
(c) Information on Plans and Specifications.
Plans and specifications shall be drawn to scale
upon substantial paper or cloth and shall be of
sufficient clarity to indicate the location, nature and
extent of the work proposed and show in detail
that it will conform to the provisions of this code
and all relevant laws, ordinances, rules and
regulations.
Plans for buildings more than two stories in
height of other than Groups R, Division 3 and M
Occupancies shall indicate how required
structural and fire-restrictive integrity will be
maintained where a penetration will be made for
electrical and communication conduits, pipes
and similar systems.
Sec. 14-5C-23. Permittee.
A. An electrical permit may be issued to any
person holding a valid master electrician license
issued by the City of Iowa City, or to any company
who employs a duly licensed Master Electrician on
a full time basis who supervises the work of the
electricians during the company's normal
business hours.
B. A permit may be issued to the owner of an
existing owner-occupied single-family dwelling,
pursuant to a valid certificate of occupancy and
used exclusively for residential purposes, to do
any work regulated by this article in connection
with said dwelling and accessory buildings. The
owner must personally purchase all material and
perform all labor in connection with the permit. All
work shall comply with this article. Applicants for
a homeowners permit shall pass the designated
exam before a permit may be issued.
C. The homeowners test required in
Paragraph B of this Section may be waived if the
applicant is a duly licensed electrician in the Iowa
City area with a minimum of a Journeyman status.
Sec. 14-5C-24. Permits Issued.
1. Issuance. The Building Official shall review
the application, plans and specifications, and
other data, filed by an applicant for a permit.
Other departments of this jurisdiction may review
the plans to verify compliance with any applicable
laws under their jurisdiction. When the Building
Official finds that the work described in an
application for a permit and the plans,
specifications and other data filed therewith
conform to the requirements of this code and
other pertinent laws and ordinances, and that the
fees specified in Section 14-5C-26 have been
paid, the Building Official shall issue a permit to
the applicant.
2.When the Building Official issues a permit,
the plans and specifications shall be endorsed in
writing or stamped "APPROVED." Such approved
plans and specifications shall not be changed,
modified or altered without authorization from the
Building Official, and all work regulated by this
Ordinance No. 00-3920
Page 22
code shall be done in accordance with the
approved plans.
3. The Building Official may issue a permit for
the construction of pad of an electrical system
before the entire plans and specifications for the
whole system have been submitted or approved,
provided adequate information and detailed
statements have been filed complying with all
pertinent requirements of this code. However, the
holders of such permits shall proceed at their own
risk without assurance that the permit for the
entire building, structure or building service will be
granted.
(B) Retention of Plans. One set of approved
plans, specifications and computations shall be
retained by the Building Official until final approval
of the work is given. One set of approved plans
and specifications shall be returned to the
applicant and shall be kept on the site of the
building or work at all times while the work
authorized thereby is in progress.
(C) Validity of Permit. The issuance of a
permit or the approval of plans and specifications
shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions
of this code, or of any other ordinance of the
jurisdiction. Permits presuming to give authority to
violate or cancel the provisions of this code or
other ordinances of the jurisdiction shall not be
valid.
The issuance of a permit based upon plans,
specifications and other data shall not prevent the
Building Official from thereafter requiring the
correction of errors in said plans, specifications
and other data, or from preventing building
operations being carried on thereunder when in
violation of these codes or of any other ordinances
of this jurisdiction.
(D) Expiration. Every permit issued by the
Building Official under the provisions of this code
shall expire by limitation and become null and
void, if the building or work authorized by such
permit is not commenced within 180 days from
the date of such permit, or if the building or work
authorized by such permit is suspended or
abandoned at any time after the work is
commenced for a period of 180 days. Before
such work can be recommenced, a new permit
shall be first obtained, and the fee therefor shall
be one half the amount required for a new permit
for such work, provided no changes have been
made or will be made in the original plans and
specifications for such work; and provided furlher
that such suspension or abandonment has not
exceeded one year. In order to renew action on a
permit after expiration, the permittee shall pay a
new full permit fee.
A permittee holding an unexpired permit may
apply for an extension of the time within which
work may be commenced under that permit when
the permittee is unable to commence work within
the time required by this section for good and
satisfactory reasons. The Building Official may
Ordinance No. 00-3920
Page 23
extend the time for action by the permittee for a
period not exceeding 180 days upon written
request by the permittee showing that
circumstances beyond the control of the permittee
have prevented action from being taken.
(d) Suspension or Revocation. The Building
Official may in writing, suspend or revoke a permit
issued under the provisions of this code if the
permit was issued in error or on the basis of
incorrect information supplied, or in violation of
any ordinance or regulation of the jurisdiction.
Sec. 14-5C-25. Insurance.
Before any permit to perform electrical work
may be issued, the applicant shall have on file
with the Building Official a copy of a certificate of
insurance stating the liability amounts of no less
than three hundred thousand dollars ($300,000)
property damage and five hundred thousand
dollars ($500,000) bodily injury. The City of Iowa
City shall be named as additional insured. The
policy shall also provide for at least ten (10) days
notice by the insurer to the City of termination of
the policy by the insured or insurer. Electrical
permits issued under Section 14-5C-23 B and C
of this ordinance shall be exempted from this
insurance requirement.
Sec. 14-5C-26. Fees.
(a) Permit Fees. The fee for each electrical
permit shall be as set forth by resolution of
Council.
(b) Investigation Fees: Work Without a
Permit,
1.Investigation. Whenever any work for
which a permit is required by this code has been
commenced without first obtaining said permit, a
special investigation shall be made before a
permit may be issued for such work.
2. Fee. An investigation fee, in addition to the
permit fee, shall be collected whether or not a
permit is issued. The investigation fee shall be
equal to the amount of the permit fee that would
be required by this code if a permit was issued.
The payment of such investigation fee shall not
exempt any person from compliance with all other
provisions of this code or from any penalty
prescribed by law.
(c) Fee Refunds.
1.The Building Official may authorize the
refunding of any fee paid thereunder which was
erroneously paid or collected.
2.The Building Official may authorize the
refunding of not more than 80 percent of the
permit fee paid when an application for a permit
for which a fee has been paid is withdrawn or
canceled before any work has been done.
The Building Official shall not authorize the
refunding of any fee paid except upon written
application filed by the original permittee
within 180 days from the date of fee payment.
Sec. 14-5C-27. Inspections.
(a) General. All electrical systems and
equipment for which a permit is required by this
Ordi nance No. 00-3920
Page 24
code shall be subject to inspection by the Building
Official, and the electrical system shall remain
accessible and exposed for inspection purposes
until approved by the Building Official.
It shall be the duty of the permit applicant to
cause the electrical system to remain accessible
and exposed for inspection purposes. Neither the
Building Official nor the jurisdiction shall be liable
for the expense of removing or replacing any
material to permit inspection. When the
installation of an electrical system and equipment
is complete, an additional and final inspection
shall be made. Electrical systems and equipment
regulated by this code shall not be connected to
the energy source until authorized by the Building
Official.
Approval as a result of an inspection shall not
be construed to be an approval of a violation of
the provisions of this code or of other ordinances
of the jurisdiction.
(b) Inspection Requests. It shall be the duty
of the person doing the work authorized by a
permit to notify the Building Official that such work
is ready for inspection. The Building Official may
require that every request for inspection be filed at
least one working day before such inspection is
desired. Such request may be in writing or by
telephone at the option of the Building Official.
It shall be the duty of the person requesting
inspections required by this code to provide
access to and means for inspection of such work.
(c) Operation of Electrical Equipment. The
requirements of this section shall not be construed
to prohibit the operation of any electrical system or
equipment installed to replace existing equipment.
The request for inspection of such equipment
must have been filed with the Building Official not
more than 48 hours after such replacement work
is completed and before any portion of such
electrical system is concealed by any permanent
portion of the building.
(d) Other Inspections. In addition to the
called inspections required by this code, the
Building Official may make or require other
inspections of any work to ascertain compliance
with the provisions of this code and other laws
which are enforced by the code enforcement
agency.
(e) Reinspection. A re-inspection fee may be
assessed for each inspection or re-inspection
when such portion of work for which inspection is
called is not complete or when corrections called
for are not made.
This provision is not to be interpreted as
requiring re-inspection fees the first time a job is
rejected for failure to comply with the
requirements of this code, but as controlling the
practice of calling for inspections before the job is
ready for such inspection or re-inspections.
Re-inspection fees may be assessed when the
approved plans are not readily available to the
inspector, for failure to provide access on the date
Ordinance No. 00-3920
Page 25
for which inspection is requested, for not
completing the corrective actions from original
inspections, or for deviating from plans requiring
the approval of the Building Official.
To obtain a re-inspection, the applicant shall file
an application therefor in writing upon a form
furnished for that purpose, and pay the re-
inspection fee as set by resolution of Council.
When re-inspection fees have been assessed,
no additional inspection of the work will be
performed until the required fees have been paid.
Sec. 14-5C-28. Connection Approval.
(a) Energy Connections. An electrical system
or equipment regulated by this code for which a
permit is required shall not be connected to a
source of energy or power until approved by the
Building Official.
(b) Temporary Connections. The Building
Official may authorize the temporary connection of
the electrical system or equipment to the source
of energy or power for the purpose of testing the
equipment, or for use under a temporary
Certificate of Occupancy.
SECTION VI. REPEALER: All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION VII. SEVERABILITY: If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconstitu-
tional.
SECTION VIII. EFFECTIVE DATE: This
Ordinance shall be in effect after its final passage,
approval and publication as required by law.
Passed and approved this 7th day of
Marc ,20 O0
./Z,z, ,.- -
CITY CLLkR~
:i~ney's OffiCe~ --~--00
hisbldg/ord/eleddccodegg.doc
Ordinance No. 00-3920
Page 26
It was moved by O~'Donnel 1 and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
X Vanderhoef
X Wilbum
First Consideration 2/1/00
Vote for passage: AYES: Pfab, Vander'hoef, Wi]burn, Champion, Kanner', Lehman,
0' Donne] ]. NAYS: None. ABSENT: None.
Second Consideration 2/15/00
Vote for passage: AYES: O'Donne'l], Pfab,. Vanderhoef, Wi]burn, Champion, Kanner,
Lehman. NAYS: None. ABSENT: None.
Date published 3/15/00
Prepared by: Eleanor M. Dilkes, City Attorney; 410 E.
Washington St.; Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO. 00~3921
ORDINANCE AMENDING CITY CODE TITLE 2,
ENTITLED "HUMAN RIGHTS," CHAPTER 1,
ENTITLED "GENERAL PROVISIONS," SECTION
1, ENTITLED "DEFINITIONS", REGARDING
THE DEFINITION OF SEXUAL ORIENTATION.
WHEREAS, the Iowa City Human Rights
Ordinance includes a definition of sexual
orientation based on age and behavior; and
WHEREAS, because people of all ages may
identify with a specific orientation, a revision
of the definition is necessary; and
WHEREAS, it is in the public interest to
provide an accurate definition of sexual
orientation.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 2, entitled
"Human Rights," Chapter 1, entitled "General
Provisions," Section 1, entitled "Definitions,"
of the City Code is hereby amended as
follows:
1. Title 2, Chapter 1, Section 1, is hereby
amended by deleting the definition of sexual
orientation therein and substituting in lieu
thereof a new definition of sexual orientation,
as follows:
SEXUAL ORIENTATION: Actual, history
of, or perceived heterosexuality,
homosexuality, or bisexuality.
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the
provisions of this Ordinance are hereby re-
pealed.
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.
Ordinance No. 00-3921
Page 2
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its final pas-
sage, approval and publication, as provided by
law.
Passed and approved this 7th day of
March ,2000.
ATTEST: C~
· rov:.~.,,~y~
A rney"s Office
Marym/misc/hrc-ord
Ordinance No. 00-3921
Page 3
It was moved by Vanderhoef and seconded by Pfab that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
x O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 2/1/00
Voteforpassage: A~ES: Vander'hoef, Wilbur'n, Champion, Kanne~', Lehman, O'Donne]~,
Pfab. NAYS: None. ABSENT: None.
Second Consideration 2 / 15 / O0
Vote for passage: AYES: O'Donne~], Pfab, Vander'hoef, Wi~bur'n, Champion, Kanner',
Lehman. NAYS: None. ABSENT: None.
Date published 3/15/00