HomeMy WebLinkAbout2012-11-27 Ordinancei owl
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12- 00025)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND
LOCATED ON 1ST AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL(RS -5) TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ12- 00025)
WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of approximately 1.02 acres of
property located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential (RS-
5) to Low Density Multi - Family (RM -12); and
WHEREAS, the applicant intends to develop this site with a multi - family building that is compatible and
consistent with the surrounding_ multi - family and duplex development; and
WHEREAS; the comprehensive plan acknowledges the ownership of the property by Regina Foundation
with the potential use for access to Regina School; and
WHEREAS, Regina School no longer intends to use the property as part of the school campus and is
selling the property for private development; and
WHEREAS, development of the property for multi - family use is consistent with the comprehensive plan
designation for similar adjacent properties along 1St Avenue;
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established -and landscaped to provide a visual screen; and
WHEREAS, there is no other feasible means of vehicular access to this property except for 1St Avenue,
an arterial street, and before the City will grant access to an arterial street, the applicant must demonstrate
that public safety will not be compromised; and
WHEREAS, City transportation planning staff have determined that the safest location for driveway
access to 1St Avenue is on the north end of the property, given that it would be nearer the bottom of the hill
and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal
curve, which would increase overall sight distance for motorists so as a condition of rezoning staff has
recommended, and the Planning and Zoning Commission has concurred, that development of the property
be consistent with the submitted conceptual site plan that indicates the general layout of building and parking
area with the driveway location near the north end of the property; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation as Low Density
Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12):
LEGAL DESCRIPTION
Lot 2, First and Rochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Book 23, Page 78, Plat Records of Johnson County, Iowa, subject to easements,
covenants and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2012.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office 2d %Z
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 11/27/2012
Vote for passage: AYES: Dickens, Hayek,
NAYS: Dobyns. ABSENT:
Second Consideration
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
Mims, Payne, Throgmorton, Champion.
NSne.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction, Inc.
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.02 acres of property located on 1st
Avenue north of Rochester Avenue, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single -
Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a visual screen; and
WHEREAS, City transportation planning staff has determined that the safest location for driveway
access to 1st Avenue is on the north end of the property, so as a condition of rezoning staff has recommended
and the Planning and Zoning Commission has concurred that development of the property be consistent with
the submitted conceptual site plan that indicates the general layout of building, parking and driveway locations;
and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the
Central District Plan; and
WHEREAS, the Owner and Applicant agree to develop said property in accordance with the terms
and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. The Regina Foundation is the legal title holder of the property legally described as:
comet ;uciflg gt, the Aorthwast cornar of Section 12, Township 79 North, Range B
West of the Fifth Principal Meridian, thence 300002'26 "w, 600.07 feet along
the west line of said Sectiou 121 thence S89 009'37 "W, 25.38 feet to a point
on the west right of way line of First: Avenue and the point of beginning;
thence southeasterly, 343.23 feet along said westerly right of way line, on
ai 630.00 foot zadlus curve, concave northeasterly, whose 300.31 foot chord.
bears S04048129 08 to the nort:heanterly corner of Lot 3 of First and
Rochester Addition Part One1 thence 989023'49 "W, 57.14 feet Along the north
line of said Lot: 3; 'thence X89036120"W, 122.87 feet along said north line;
thence NOV32136 "R, 296.79 feet; thence N'89 00913703, 157.02 feat to the
point of begi acing .
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa
Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning chapter, as
well as the following conditions:
1 of 3
a. A 20 -foot buffer area shall be established between the development (including, but not limited
to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted
with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen
between the development and the Park. A landscaping plan shall be submitted for review and
approval through the City's administrative Design Review process; and
b. Development of the property shall be consistent with the submitted conceptual site plan that
indicates the general layout of the building, parking and driveway, to ensure that location of
driveway access to 1st Avenue is near the northern end of the property where it is safest for
vehicles to enter and exit the property.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant
running with the land and with title to the land, and shall remain in full force and effect as a covenant
with title to the land, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable local, state, and
federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
Dated this day of 2012.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
2 of 3
Jeff Miller Construction, Inc.,
APPLICANT
By:
( , Title)
Regina Foundation,
OWNER
By:
Gary J. Sc Treasurer
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
This instrument was acknowledged before me on , 2012, by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
APPLICANT ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Notary Public in and for said County and State
(Stamp or Sea])
Title (and Rank)
This instrument was acknowledged before me on 2012 by
c�-.a� -��
[name] as [title] [name of business].
RYA SCHMIT
Commission Number 14924
My Commission res
NovNebar 3: 20 5
OWNER ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Notary Public ' d for said County and State
(Stamp or Seal)
Title (and Rank)
This instrument was acknowledged before me on November 26, 2012 by Gary J. Schmit [name] as Treasurer
[title] of Regina Foundation [name of business].
ANNA MOYERS STONE
f; Commission Number 743557
My Commission Expires
'OW
Ocft r 20.2015
3of3
Awk�-��
ary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023)
CONDITIONAL ZONING AGREEM
THIS AGREEMENT is made between the City of Iowa City, Iowa, ta mu icipal corporation (hereinafter "City "),
the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construc 'on, Inc. (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately .02 acres of property located at located
on 1 st Avenue north of Rochester Avenue, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning said property from Low Density Single -
Family Residential (R ) to Low Density Multi- Family Residenti (RM -12); and
WHEREAS, m hers of the public and the Planning d Zoning Commission expressed a concern
about the potential impa s of the development on Hickory ill Park, specifically the view of parking and
drives from public trails wit in the park, and therefore reco ended as a condition of the rezoning that a 20-
foot buffer area be establish and landscaped to provide visual screen; and
WHEREAS, City tran ortation planning staff h determined that the safest location for driveway
access to 1 st Avenue is on the orth end of the property so as a condition of rezoning staff has recommended
and the Planning and Zoning Co mission has concur r d that development of the property be consistent with
the submitted conceptual site plan hat indicates the neral layout of building, parking and driveway locations;
and
WHEREAS, Iowa Code §4 4.5 (2011) pr vides that the City of Iowa City may impose reasonable
conditions on granting an applicant rezoning equest, over and above existing regulations, in order to
satisfy public needs caused by the req ested ch nge; and
WHEREAS, the Owner and pplica acknowledge that certain conditions and restrictions are
reasonable to ensure the development f th property is consistent with the Comprehensive Plan and the
Central District Plan; and
WHEREAS, the Owner and Appli nt agree to develop said property in accordance with the terms
and conditions of a Conditional Zoning Agr ment.
NOW, THEREFORE, in consideration of j!he n%tual promises contained herein, the parties agree as follows:
1. The Regina Foundation is the Iogal title kider of the property legally described as:
Lot 2, First and Rochester, P rt One, an A ition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Book 23/ Page 78, Plat -cords of Johnson County, Iowa, subject to easements,
covenants and restrictions Of record.
The Owner and Applican acknowledge that t
of the Comprehensive P an and the Central Di
Code §414.5 (2011) p ovides that the City
granting an applicant's rezoning request, over
public needs caused the requested change.
h City wishes to ensure conformance to the principles
st ict Plan. Further, the parties acknowledge that Iowa
of owa City may impose reasonable conditions on
anA above the existing regulations, in order to satisfy
3. In consideration of the City's rezoning the subje t property, Owner and Applicant agree that
development of the ubject property will conform to a other requirements of the zoning chapter, as
well as the followini conditions:
a. A 20 -foot uffer area shall be established betwe the development (including, but not limited
to any b (ding, parking area or driveway) and Hi kory Hill Park and said buffer area planted
with a v iety of deciduous and evergreen trees an shrubs to form an effective visual screen
be twee the development and the Park. A landsca 'ng plan shall be submitted for review and
approv I through the City's administrative Design Re ' w process; and
b. Devel ment of the property shall be consistent with he submitted conceptual site plan that
indica es the general layout of the building, parking and driveway, to ensure that location of
drive ay access to 1st Avenue is near the northern end of the property where it is safest for
vehi les to enter and exit the property.
1 of 3
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the sub' ct property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with a terms of this Conditional
Zoning Agreement.
6. The parties acknowl dge that this Conditional Zoning Agreement hall be deemed to be a covenant
running with the Ian and with title to the land, and shall remain full force and effect as a covenant
with title to the land, qnless or until released of record by the CA of Iowa City.
The parties further
successors, represe
7. The Owner and Appliccl
construed to relieve the
federal regulations.
8. The parties agree that thi
ordinance rezoning the s
this agreement shall be
expense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
IIU[12,
edge that this agreement slyA-ll inure to the benefit of and bind all
and assigns of the parties.
acknowledge that nothing 0 this Conditional Zoning Agreement shall be
vner or Applicant from co plying with all other applicable local, state, and
Conditional Zoning A reement shall be incorporated by reference into the
eject property, and at upon adoption and publication of the ordinance,
corded in the J hnson County Recorder's Office at the Applicant's
2012.
2of3
Jeff Miller Construction, Inc.,
APPLICANT
(Name, Title)
Regina Foundation, OWNER
(Name, Title)
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
Marian K. Karr as Mayor and�ity Clerk, respectively, of the City of Iowa City.
APPLICANT ACKNOWLEDGEMENT: \
STATE OF )
ss:
COUNTY 1
This instrument was acknowledged
[name of business].
OWNER ACKNOWLEDGEMENT:
STATE OF )
ss:
COUNTY )
This instrument was kn
[name of business].
Notary Public in and for
(Stamp or Seal)
Title (and Rank)
me on
as
2012, t# Matthew J. Hayek and
State of Iowa
Notary ublic in and for said County and State
(Stamp o Seal)
Title (and ank)
Iged before me
name] as
Notary Public in and
(Stamp or Seal)
Title (and Rank)
�c,_ 1
[title] of
County and State
2012 by
[title] of
2012 by
To: Planning and Zoning Commission
Item: REZ12 -00025
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Karen Howard
Date: October 18, 2012
Applicant: Jeff Miller Construction Inc.
308 E. Burlington Street
Iowa City, Iowa 52240
319- 331 -1756
jm.builder@hotmail.com
Requested Action:
Rezoning
Purpose: Development of a multi - family use
Location: The west side of N. 1 st Avenue, north of Rochester
Avenue, south of N. 1 st Avenue -Stuart Court
intersection and east of Regina High sports field and
track
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
1.02 acres
Vacant, Residential (RS -5)
North: Hickory Hill Park; Public (P -1).
South: Multi-Family; Planned Development Overlay
— Low Density MF Residential (OPD- RM -12)
East: Duplex Residential; (RM -12)
West: Regina High School, Low Density Single
Family Residential (RS -5)
Central District Plan Map: Private Institutional
September 26, 2012
November 10, 2012
The applicant, Jeff Miller Construction, proposes rezoning a 1.02 -acre lot located on the west side
of N. 1St Avenue, south of the intersection of N. 1st Avenue and Stuart Court and north of
Rochester Avenue from Low - Density Single - Family Residential (RS -5) to Low - Density Multi -
Family Residential (RM -12). The applicant intends to construct a multi - family building containing
16, 2- bedroom dwelling units with tenant parking largely located within the building on the lower
level.
The subject property is currently owned by the Regina Foundation and is contiguous with the
Regina Catholic Education Center's campus. More specifically, the property is directly east of the
Regina football field and track. Regina is selling the subject property to the applicant presumably
because the school no longer anticipates a future need for this land.
2
ANALYSIS:
Current and proposed zoning - The current zoning of the property is Low Density Single Family
Residential (RS -5), which is intended to provide housing opportunities for individual households.
This zone also allows for nonresidential uses that contribute to the livability of residential
neighborhoods, such as schools, religious institutions, and daycare facilities. In this particular
case, the property is owned by the Regina Foundation. The zoning of this property is consistent
with the zoning for the larger Regina Catholic Education Center property located directly to the
west and has been held as an undeveloped parcel in anticipation that it may someday be needed
for expansion purposes or as a second means of vehicular access to the Regina campus. The
pending sale of the property by Regina to the applicant indicates that they no longer anticipate a
need for this property. It is our understanding that Regina originally retained a 50 -foot easement
along the north property line for a potential vehicular access point to the school property from 1St
Avenue. However, they have since indicated that they do not intend to retain this easement, which
forecloses the possibility of using this property to establish an alternative means of access to the
school property in the future.
The property is located with frontage on 1 St Avenue, an arterial street. It is bounded to the east
and south by properties zoned low density multi - family residential (RM -12), which is the zoning
designation requested by the applicant. Hickory Hill Park abuts the property on the north and
separates this stretch of 1St Avenue from the single family neighborhood located along Hickory
Trail north and east of the park. The properties located south of the Hickory Hill Park access have
been fully developed with attached single family and duplexes on the east side of 1 St Avenue and
multi - family buildings to the south and southeast. The RM -12 Zone is intended to provide
opportunities for high density, single family housing, such as duplexes and townhouses, and low
density, multi - family housing to promote a diverse variety of housing options within a
neighborhood.
Comprehensive Plan - The Central District Plan Map illustrates the property as appropriate for
private institutional use, basically acknowledging the ownership of the property by Regina. It
was assumed at the time the plan was adopted that Regina would continue to hold the property
into the foreseeable future. The existing RS -5 zoning would allow a few detached single family
home lots, but with frontage along a major arterial street, additional individual driveways
associated with single family homes would be problematic. If this property is not going to be
combined and used in concert with the larger Regina campus, the Central Plan Map
designation for institutional use is not appropriate given that this property with its limited size,
topography, location and access constraints would make it unsuitable for most institutional
uses, such as another church or school, which both would require more parking and generate
more traffic than a multi - family use. Staff finds that development of the property for a multi-
family use would be consistent with the surrounding residential uses, the surrounding multi-
family zoning pattern, and with the multi - family designations indicated on the Central District
Plan Map for adjacent properties along 1 St Avenue.
Compatibility with neighborhood - The proposed multi - family building is consistent with other
higher density housing along this portion of 1St Avenue. While the properties across the street
are developed with one -story duplexes, the required 40 -foot arterial street setback for the
proposed multi - family building will help mitigate any perception of height difference between the
lower -scale duplexes on the east side of the street and the multi - family building on the west.
The property is located in the Central Planning District, so the building design must be reviewed
and approved by the City's Design Review Committee according to the multi - family site
development standards. The conceptual building elevation submitted with the application will
likely need to be modified to some extent to meet the Central Planning District standards and
3
the parking level will need to be designed as an integral component of the building. However,
staff does not anticipate any insurmountable problems with the proposed building.
The property is bounded on the north by Hickory Hill Park. There is an existing 8 -foot sidewalk
along the west side of 1 st Avenue, which will provide residents easy access to the park. The
park is heavily wooded in this area. However, as with any development adjacent to the park,
there is a concern about preserving and protecting the park from adjacent urban development
and any associated traffic, lights, and unsightly views. To ensure that the park edge is
protected, staff recommends that the applicant provide a minimum 20 -foot landscaped buffer
between the park edge and the proposed driveway and parking area. This area should include
a combination of deciduous and evergreen shrubs and trees to form an effective landscape
screen. A landscaping plan should be submitted and approved by Design Review concurrently
with the required design review for the building.
Environmentally Sensitive Areas - The property slopes downward from west to east. The
applicant's engineer has not completed a detailed delineation of the slopes on the property, but
has indicated to the applicant that he does not believe that proposed construction activity will
trigger the need for a Level II Environmental Review. A Level I review can be approved
administratively at the time of site plan review. Staff has made the applicant aware that if it is
determined during site plan review that more than 35% of any critical slopes found on the
property are proposed for disturbance, a Level II review through the planned development
rezoning process will be required, which would require review by the Planning and Zoning
Commission and the City Council.
Traffic implications - Whenever Regina expands their facilities, the Board of Adjustment is
required to consider the implications of the specific expansion and determine whether there will be
impacts to the surrounding neighborhood and if so, how these issues can be mitigated. One of
the issues that has been of some concern is the traffic generated at the beginning of the school
day and in the afternoon when school lets out as parents drop off and pick up their children from
school. The property that is the subject of the rezoning request has been considered a possible
means for the school to provide another entrance or exit from the school property that might help
distribute traffic and alleviate some of the traffic congestion during peak times. Staff notes that if
Regina sells this property for development, the possibility for secondary access at this location will
be foreclosed. As noted during the last Board of Adjustment hearing, any future expansion
requests for Regina that generate additional traffic will require a traffic study and if a second
means of access is not possible Regina may need to consider other ways to alleviate traffic
congestion such as staggering elementary and secondary school start times.
During public hearings for other rezoning requests along 1st Avenue, neighboring property owners
have expressed concerns about traffic safety and traffic congestion. The City's transportation staff
have reviewed the application and find that the proposed drive access on the north side of the
property is preferred. In general sight distance is adequate at this location, but will be reviewed
more carefully when the site plan is submitted for review. Traffic generated by a multi - family
building of this size will not overburden the capacity of the street or cause any significant
congestion. It should be noted that a new driveway access for Regina in this location would have
generated significantly more traffic than what the proposed building will generate.
Summary - Staff finds that the requested rezoning is consistent with the zoning pattern in the
area. Staff also finds that the change from a potential use of the property for Regina's institutional
campus to a multi - family use is not inconsistent with the intent and overall housing policies of the
Central District Plan. The multi - family site development standards and the required design review
process will help ensure that the building fits into the context of the site and the neighborhood.
Due to the importance of buffering the driveway and parking area from Hickory Hill Park, staff
recommends that as a condition of this rezoning, a minimum 20 -foot landscaped buffer area be
4
provided between the park and any paved or developed area of the site. A detailed landscaping
plan showing how this landscape buffer will be accomplished should be submitted with the other
submittal documents for design review. Staff also notes that any regulated slopes on the property
will need to be delineated on the site plan and any disturbance of regulated slopes will need to be
approved through the applicable environmental review process.
STAFF RECOMMENDATION:
Staff recommends approval of REZ12- 00025, an application submitted by Jeff Miller Construction,
Inc. to rezone an approximately 1.02 acre property from Low Density Single Family Residential
(RS -5) to Low Density Multi - Family Residential (RM -12), subject to a conditional zoning
agreement requiring a detailed landscaping plan to be submitted for design review illustrating a
minimum 20 -foot landscaped buffer between any developed portion of the property and Hickory
Hill Park. The landscaped plan should include a variety of deciduous and evergreen shrubs and
trees that effectively screen view of the development from the park.
ATTACHMENTS:
1. Location Map
2. Conceptual site plan and building elevations
3. Aerial Photograph
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
r
®oar, CITY OF IOWA CITY
M E M 0 RA N D U M
Date: October 18, 2012
To: Planning & Zoning Commission
From: John Yapp; Transportation Planner
Kent Ralston; Assistant Transportation Planner
Re: First Avenue traffic analysis
Staff has analyzed traffic conditions in the 600 block of N. First Avenue as it relates to the 16, 2-
bedroom unit development proposed on the west side of the corridor. Currently, traffic volumes
on First Avenue north of Rochester Avenue are approximately 7,800 vehicles per day. The
corridor currently operates well under capacity for a two -lane arterial street which can carry
15,800 vehicles per day. In other words, traffic in this corridor could more than double before it
would be considered congested from a traffic engineering perspective. Existing traffic volumes
on First Avenue are not unusual for a two -lane arterial street. Following are examples of other
local two -lane residential arterial streets volumes:
• Benton Street near Roosevelt School: 11,100 ADT
• First Avenue south of Court Street: 10,500 ADT
• Muscatine Avenue near Seventh Avenue: 7,600 ADT
• 12th Avenue south of Interstate 80 in Coralville: 10,300 ADT
• Holliday Road west of 1 st Avenue in Coralville: 6,600 ADT
The proposed development, which includes 16, 2- bedroom multi - family units, would generate
approximately 112 trips per day (7 trips per day per unit). This represents a very small
percentage increase in total traffic volume on First Avenue and can easily be accommodated
from a roadway capacity standpoint.
Staff also investigated potential driveway locations for adequate sight distance and checked the
collision history at the access to the Hickory Hill Park parking lot (which borders the north end of
the property and has similar sight lines). There have been no reported collisions at this location
in the past 5 years. From a sight distance perspective staff determined an access point at the
north end of the property is preferable, given that it would be nearer the bottom of the hill and
closer to the middle of the vertical curvature of the roadway and nearer the outside of the
horizontal curve which would increase overall sight distance for motorists. Staff believes that an
access point at this location would provide the best sight distance and safety for motorists on
First Avenue.
Staff recently conducted PM peak hour observations of southbound left- turning movements on
First Avenue at the intersection of Hickory Trail. These observations were performed due to
resident concerns with excessive left -turn delay due to traffic volumes on First Avenue. Staff
found that southbound left- turning traffic had no more than an 11 second delay to begin the
turning movement onto Hickory Trail. This is an acceptable level of delay from a traffic
engineering perspective.
Based on the information provided, staff finds that the proposed development will not have a
significant impact on traffic congestion or safety on First Avenue.
City of Iowa City
MEMORANDUM
Date: October 26, 2012
To: Planning and Zoning Commission
From: Karen Howard
Re: REZ12 -00025 — Rezoning on Vt Avenue north of Rochester
At your last meeting, the Commission requested information about several issues related to
the rezoning request and to general traffic issues along 1 st Avenue.
Stormwater Drainage: Stormwater drainage for the proposed development will be reviewed
at the time a site plan is submitted to the City. While general drainage issues and stormwater
management were addressed at the time the land was subdivided and Vt Avenue was
constructed, development of individual parcels of land within the subdivision will have to tie
into the public storm sewer system. Individual site plans are forwarded from the building
department to the City Engineer's office for review to make sure that the infrastructure is
property designed and connected to public services. Concerns were expressed by several
owners of the condominiums located south of the subject property. However, as noted at the
meeting, since the existing condo building is located uphill from the property being rezoned,
development of a new apartment building will not negatively affect drainage on the property to
the south. With regard to existing drainageways and any spring on the subject property, the
applicant's engineer will need to take these natural systems into account when they design
the building and grade the site. The applicant may be able to generally discuss how they plan
to address this issue at the meeting on Thursday.
Traffic Safety: While staff confirms that the proposed rezoning and resulting development of
the property for a 16 -unit apartment building will not significantly impact traffic congestion or
safety along 1 st Avenue, public comments regarding excessive speed were forwarded to the
police department. Police Captain Rick Wyss responded and has directed patrol officers to
utilize the speed trailers and provide extra patrol for speed enforcement in this area.
Trees, landscaping, and building setbacks: Staff visited the subject property to view site
conditions and the location of existing trees. There are some trees located around the edges
of the property. The condominium building to the south was constructed very near their north
property line and a series of retaining walls were constructed to create a level area for the
driveways, parking area and for the existing building. The retaining walls are built right to the
property line, so any trees in that location would have been removed at the time of
development. There are a few remaining trees located on the applicant's property at the base
of the retaining wall. However, they are not of a quality or number that would be regulated by
the sensitive areas ordinance. Nevertheless, there appears to be enough space on the
property to provide the 20 -foot landscaped buffer between the park to the north and
approximately 20 feet between the proposed building and the retaining wall to the south.
Given that the lack of landscaping or tree cover on the adjacent property to the south was
caused by development of that property, staff does not believe that the applicant should be
required to remedy the situation having to meet a higher standard when developing the
subject property. That being said, the applicant will need to meet the residential tree
requirement in the zoning code when the site is developed and trees that are preserved on
site can be counted toward that requirement.
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From: Tom and Sandy Bauer [mailto:tkssbauer @aol.com]
Sent: Friday, October 12, 2012 2:26 PM
To: Karen Howard
Subject: IMG_1474.JPG Proposed Rezoning in the 600 -block of North 1st Avenue
Karen,
Pursuant to our telephone conversation this noon (Friday, October 12) we are emailing some
comments regarding the proposed rezoning of 1.02 acres in the 600 -block of North 1 st Avenue,
directly across the street from our home at 612 North 1 st Avenue. We just noticed the posting of
the rezoning notice sign on the property yesterday (October 11) and after an exchange of
voicemails yesterday we were able to speak with you today. Also today we received in U.S.
Mail the City's formal rezoning notice and a copy of "A Citizen's Guide to the Rezoning
Process" which unfortunately tells us our "Written comments for the Planning and Zoning
Commission should be received by the Planning Department no later than Thursday seven days
prior to the commission meeting." Since we did not receive the City's notice until today
(October 12) it complicated our ability to submit written comments by October 11 -- seven days
in advance of the Commission's October 18 meeting. We appreciate your willingness to accept
these emailed comments, which we have rushed to assemble by your afternoon deadline today.
First, we support private development that grows our tax base and encourage property owners to
proceed with reasonable, responsible projects that are appropriate for the site.
Attached here is a photo taken this afternoon looking north showing one of the large
condo /apartment complexes and the undeveloped property in question on the west. The
driveway to our home is the last one visible on the east side.
This six -block stretch of North 1 st Avenue is already well - developed with duplexes and condos
on the east and a string of large apartment/condo complexes on the west plus one on the east
side. The street bears heavy traffic, with the vast majority of vehicles ignoring the posted 25
MPH speed limit, which means that unless vehicles heading north from Rochester (where a steep
hill begins) downshift and /or severely brake, they are traveling at 40 to 50 MPH when they pass
our home and the property up for rezoning from RS -5 to RM -12. Because of the heavy traffic,
vehicle speed, and street curves that restrict sightlines, this section of North 1 st Avenue presents
traffic safety concerns for those of us who already live here. In our opinion, the property
proposed for rezoning will have the worst sightlines of all for entering the street.
We respectfully ask the Commission to defer consideration of this rezoning request until the City
has addressed the very real traffic safety concerns on this stretch of North 1 st Avenue. The
safety issues will only become worse with further development here. In addition, we respectfully
suggest that instead of yet another large complex of up to 16 units that the zoning decision be
consistent with a project more appropriate and reasonable for this small, narrow property --
perhaps two or four units -- and that street access be planned with safety utmost in mind.
Thanks very much for your consideration.
Respectfully Yours,
Thomas K. and Sandra S. Bauer
612 North 1 st Avenue
Iowa City, IA 52245
351 -4447
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Karen Howard
From:
Thefordes <thefordes @mchsi.com>
Sent:
Friday, October 12, 2012 3:43 PM
To:
Karen Howard
Subject:
Rezoning on First Avenue North
Dear Ms. Howard,
I am currently out of state but received a copy of the email sent to you by Tom and Sandy Bauer and wanted to
send my thoughts as well.
Their statements are well reasoned and factual. When First Avenue was first extended we were assured that
traffic speed and content would be controlled. That has not happened: on a daily basis, vehicles (including
semis and even city and school buses) exceed the posted speed limits. - Traveling either north or south down
steep hills without any calming measures or stop signs encourages people to speed and they do. It is often
difficult to leave our driveways safely due to the speed and lack of visibility.
Adding as large a housing project as is proposed without addressing the problems that already exists is
irresponsible. I would ask that the Commission take these facts into consideration.
Thank you,
Sue Forde
616 First Avenue North
Karen Howard
From: Bob Miklo
Sent: Monday, October 15, 2012 1:57 PM
To: Karen Howard
Subject: FW: N. 1 st Avenue, north of Rocheter Avenue (REZ12 -0002)
From: Linda Waddle [mailto:12waddle @aol.com]
Sent: Monday, October 15, 2012 10:52 AM
To: PlanningZoningPublic
Subject: N. 1st Avenue, north of Rocheter Avenue (REZ12 -0002)
To: Iowa City Planning and Zoning Commission
From: Linda Waddle
Re:REZ12 -00025
Date:October 15, 2012
As a home owner and resident of the property at 530 N. 1 st Ave., I must strongly object to
the rezoning of the property located across the street from me. My main concern is the
traffic situation on 1st Avenue at this time. It is already difficult for me to get out of my
driveway because of the increased amount of traffic on this street. First Avenue has not
only seen more residences built since I moved here in 2003, it has also become a corridor
for through truck traffic to the businesses located at the south end of 1 st Avenue. In
addition, the Fire Department on Scott and Dodge finds it very convenient when they need
to answer calls to the southern part of this area. So, we are now becoming the fastest,
most efficient route for all kinds of vehicles that are usually not allowed in a residential
area zoned at 25 miles an hour. It makes no sense to add to this congestion by allowing
more multifamily housing to be built.
Comment phoned to me at 5:25 p.m. today from James Buddenbaum,
557 North 1St Avenue (354- 0846), who said neither he nor his spouse
could attend the meeting due to health issues, but he asked me to relay
his concerns which in addition to the traffic safety issues are as follows:
1. That the project will be built to lesser standards than existing
construction nearby and thus will adversely affect property
values.
2. That the property is crossed by a "fault line" [which I would
call a waterway or spring] and therefore presents challenges to
site development and management of storm water and spring
water flow.
3. That mature trees on the property represent an aesthetic value
and should be preserved.
Respectfully,
Tom Bauer
612 North 1St Avenue
A
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (ice -000n)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 S = F Oft
LOCATED ON 11T AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSFr INGLE FA Y
RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (R@12 -00025)
WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of app¢oximately 1.02 acres of
property located on 1st Avenue.4north of Rochester Avenue from Low Density Sing► Family Residential (RS-
5) to Low Density Multi - Family ( -12); and
WHEREAS, the applicant int to develop this site with a multi - family building that is compatible and
consistent with the surrounding mul Amily and duplex development; and
WHEREAS; the comprehensive tan acknowledges the previous ownerAhip of the property by Regina
Foundation with the potential use for 'oss to Regina School; and '
WHEREAS, Regina School no Ion C intends to use the property as art of the school campus and is
selling the property for private developme '„ and
WHEREAS, development of the prope for multi - family use is co istent with the comprehensive plan
designation for similar adjacent properties al g 1 s' Avenue;
WHEREAS, development of the property r detached single fa ily uses would be inconsistent with the
zoning pattern for adjacent properties and woul e more appropria ly zoned RM -12;
WHEREAS, members of the public and th ,Planning and oning Commission expressed a concern
about the potential impacts of the development b, Hickory Hi Park, specifically the view of parking and
drives from public trails within the park, and therefo p recomm ded as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a vi ual screen; and
WHEREAS, City transportation planning staff Nis d termined that the safest location for driveway
access to 1S' Avenue is on the north end of the 1pr perry, so as a condition of rezoning staff has
recommended and the Planning and Zoning Commissio' ' has concurred that development of the property be
consistent with the submitted conceptual site plan tha indicates the general layout of building, parking and
driveway locations; and
WHEREAS, Iowa Code §414.5 (2011) provi s that "the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning r quest, over and above existing regulations, in order to
satisfy public needs caused by the requested c nge; and '%,
WHEREAS, the owner and applicant hav agreed that the property shall be developed in accordance
with the terms and conditions of the Conditio I Zoning Agreerilent, attached hereto, to ensure appropriate
development in this area of the city. '.
NOW, THEREFORE, BE IT ORDAI ED BY THE CITY CO�NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject t the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is reby reclassified from its curre�t ' ±oning designation as Low Density
Single Family Residential (RS -5) to ow Density Multi - Family Residentia`l(RM -12):
LEGAL DESCRIPTION
SECTION II. ZONING p/�AP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa ity, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
-Ordinance No.
Page 2
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
.qFr.TION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provi d by law.
Passed and approved t 's day of , 2012.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
gTJ
M.
J
Marian Karr
From: thefordes <thefordes @mchsi.com>
Sent: Monday, November 26, 2012 9:19 PM
To: Council
Subject: Rezoning on First Avenue
Dear Councilors,
I am writing to voice my concerns over the rezoning and subsequent plan to build a 16 unit building on north First
Avenue in Iowa City (REZ12- 00025) which is coming before you.
I live directly across the street from the lot and have always assumed that someday it would be developed but feel that
a 16 unit building is out of proportion both for the lot and the neighborhood. There are already multi -unit buildings on
the street to both the north and south of this site but a duplex would be more in keeping with the homes in the vicinity.
My neighbors and I attended the Zoning Commission meetings and presented our concerns about the probability of an
underground water source due to the continual draining of water from the property across the sidewalk until a trench
was dug parallel to the sidewalk directing the water to a large drain installed on the property. The land is severely
sloped and the concept drawings shown would require a large amount of soil removal to provide enough level area for
the building and hardscape. The condominium building to the south of the proposed site has already encountered
problems due to these same factors as told by the owners of several units in that building. During the last Zoning
meeting, the commissioners alluded to "having made a mistake" when approving the building of those units and it
would seem foolish to make the same mistake again. It would be like approving the building of more homes in Idyllwyld.
I also question the type of housing which Mr. Miller is planning. When I questioned him directly, he responded that he is
only planning to develop the site, what the owners of the building want to do will be up to them. I would, of course,
prefer that the building not be rental units but owner occupied and the lack of openness about the plans concerns me.
I am hoping that you will take these concerns under consideration.
Thank you,
Sue Forde
616 First Avenue North,
Iowa City
�1
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO.
AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE -
FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -
STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT
WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022)
WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning to amend the
Planned Development Overlay Medium - Density Single - Family (OPD-w8) Plan for Saddlebrook Meadows Part
1 to add a single -story ranch -style house plan to the previously approved OPD plan for property located at
Whispering Meadows Drive and Pinto Lane; and
WHEREAS, the previously approved OPD plan for Saddlebrook Meadows includes three to seven
models of single - family homes, all of which have two stories; and
WHEREAS, the applicant has requested the option of replacing up to six of the two -story models with
one -story dwellings to provide for more affordable units and dwellings on a single floor; and
WHEREAS, the approved single - family lots are considerably smaller and narrower than what is typically
allowed in the underlying Medium - Density Single - Family (RS -8) zone, and, due to the presence of alleys, the
models include a mix of attached and detached garages, which results in less usable yard space than in
most newer neighborhoods; and
WHEREAS, the proposed house models will include full -width front porches that will be a minimum of 8-
feet deep to provide for usable outdoor space; and
WHEREAS, the previously approved OPD Plan included a variety of house models and required that
identical models not be repeated next to each other, a condition that also applies to the revised plan; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The Planned Development Overlay Plan for the property legally described
below is hereby amended to allow for the addition of a single -story ranch -style house plan, as shown on the
plan attached hereto and incorporated herein by this reference:
THE SADDLEBROOK MEADOWS PART ONE SUBDIVISION, AS RECORDED IN BOOK 3846, PAGE 747,
BY THE JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, JOHNSON COUNTY, IOWA
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,
MAYOR
ATTEST:
CITY CLERK
Approved by
'4� �4woak')
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/13/2012
Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration 1112712012
Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published
M� 5f
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00023)
ORDINANCE NO. 12 -4500
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030
WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM-
20). (REZ12- 00023)
WHEREAS, the applicant, 3 Diamond Development, L.L.C., has requested a rezoning of property
located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20); and
WHEREAS, the Southeast District Plan encourages redevelopment and reinvestment of the Towncrest
area, and specifies that new development in the area should incorporate a diversity of uses, mixed vertically
within buildings and horizontally along a network of streets, and include apartment buildings, live -work and
residential townhouses to transition from any new development to the detached single - family neighborhood
surrounding Towncrest; and
WHEREAS, the applicant intends to redevelop this site with apartments designed for and occupied by
elders and /or persons with disabilities, a use that is compatible with and complementary to the nearby retail
services and medical offices in the area; and
WHEREAS, this intended use is a new use for the area, thereby furthering the goal of mixed uses
throughout the Towncrest area; and
WHEREAS, this redevelopment will set an example to encourage further reinvestment and
redevelopment in this area; and
WHEREAS, there is a demonstrated need for elderly housing within Iowa City and the Towncrest area,
and a conditional zoning agreement will ensure the apartments will be reserved for and occupied by elders
and /or persons with disabilities; and
WHEREAS, the subject property is within the Towncrest Design Review Overlay District and therefore
the final design must be approved by the City's Design Review Committee according to the Towncrest
Design Plan Manual;
WHEREAS, members of the public and the Planning and Zoning Commission expressed concern over
the lack of usable private and semi - private green space for the residents as called for in the Southeast
District Plan and therefore recommend as a condition of the rezoning that a landscaping plan illustrating how
usable outdoor greenspace will be incorporated into the development be submitted as a component of the
developer's application for Design Review; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation Office Commercial
(CO -1) with a Design Review Overlay (ODR) to Medium Density Multi - Family Residential (RM -20) with a
Design Review Overlay (ODR):
LEGAL DESCRIPTION
The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded plat
thereof, excepting any portion of said Lot 7 falling within the following described tract of land:
Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa
according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on
an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point
of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence
South 90 000'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 000'00"
Ordinance No. 12-4500
Page 2
East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west
building line to the centerline of an east -west common wall; thence South 90 000'00" East 44.63 feet along
said common wall centerline and its easterly extension to a P -K nail on the east line of the said west one half
of Lot 7; thence North 0 007'20" West 146.92 feet along the east line of said west one half of Lot 7 and its
northerly extension of a P -K nail; thence South 89 003'00" West 190.22 feet to the Point of Beginning (1030
William Street).
SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 27tbday of November
'2012.
MAYOR
ATTEST: /4 /�•eJ fC . `/
CI CLERK
Apby al
City Attorney's Office 1( /,7 k 2
Ordinance No. 12 -4500
Page 3
It was moved by Mims and seconded by Champion that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 12/6/2012
Moved by Dobyns, seconded by Mims, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: NSne.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Towncrest Investments, L.P. (hereinafter "Owner "), and 3 Diamond
Development, L.L.C. (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.38 acres of property located
at 1030 William Street, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning of said property from Commercial
Office (ODR -CO -1) to Medium - Density Multi - Family Residential (ODR- RM -20); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the apartments will be reserved for and occupied by elders and /or persons with
disabilities, and ensuring the adequate provision of private and semi - private outdoor spaces as
called for in the Southeast District Plan, as determined by staff through the design review process,
the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions
are reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for compatibility with the Southeast District Plan; and
WHEREAS, the Owner and Applicant agree to develop said property in accordance with the
terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Towncrest Investments, L.P. is the legal title holder of the property legally described as:
The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded
plat thereof, excepting any portion of said Lot 7 falling within the following described tract of land:
Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City,
Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's
Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a
P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line
of Block 3 to an iron pin; thence South 90 000'00" East 50.43 feet to an iron pin; thence south 6.00
feet to a P -K nail; thence South 90 000'00" East 95.45 feet to a P -K nail on the west line of the
existing building; thence north 6.67 feet along said west building line to the centerline of an east -west
common wall; thence South 90 000'00" East 44.63 feet along said common wall centerline and its
easterly extension to a P -K nail on the east line of the said west one half of Lot 7; thence North
0 007'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly
extension of a P -K nail; thence South 89 °03'00" West 190.22 feet to the Point of Beginning (1030
William Street).
1 of 4
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the. Comprehensive Plan, specifically the Southeast District Plan. Further, the
parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and above
the existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Uses shall be restricted to elder apartment housing, as defined in the Iowa City Code
of Ordinances; and
b. There shall be no vehicular drive between the building and the southern property line;
and
c. Private and semi - private outdoor spaces will be provided in accordance with the
Southeast District Plan, the size and location of which is to be determined by staff
through the design review process.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant with title to the land, unless or until released of record by the City of
Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Applicant from complying with all other
applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this a7 "'AL day of May -12012.
CITY OF IOWA CITY 3 Diamond Development. L.L.C.,
APPLICANT
Matthew J. Hayek, Mayor (Name, Title)
D -r&6A'r U,—, S
2 of 4
i
Attest:
G2tiGrf'i�,tJ � �-1
Mari -K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Towncrest Investments, L.P., OWNER
This instrument was acknowledged before me on Noyep hcY a? , 2012, by Matthew J. Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal) o SONDRAE FORT
Commission Number 159791
My Commission Expires
Title (and Rank) i&j
APPLICANT ACKNOWLEDGEMENT: lJo-I -a.y
STATE OF .. p �✓a )
) ss:
COUNTY)
This instrument was acknowledged before me on 2012 by
[name] as- [title] of
-1)c`4 4 name of business].
Notary
(Stamp or Seal)
Title (and Rank)
3of4
said County and State
JEFF VANATTER
Commission Number 705313
M Com mi 'o ExExplro
OWNER ACKNOWLEDGEMENT:
STATE OF sA )
) ss:
-S6115OL COUNTY )
This instrument was acknowledged
before me on l ( • $ ' l2 , 2012 by
[name] as [title] of
UvY` [name of business].
Ndtky Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
4of4
Phoebe melt
Notarial Seal, lows
Comr dWW # 788 7
My cAmmia m Evhes -kj-q--
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY USES AND
BUILDINGS, TO ALLOW FOR THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE
FAMILY DETACHED USES AND TO REFERENCE STANDARDS FOR STRUCTURES FOR THE KEEPING
OF CHICKENS.
WHEREAS, a large number of Iowa City residents, as evidenced by a petition submitted to City Council on
July 10, 2012, have expressed interest in allowing chickens in residential zones; and
WHEREAS, the Accessory Uses and Buildings section of the Zoning Code (14 -4C) delineates criteria for
specific listed accessory uses and structures, and states that a use or structure can be considered accessory if it
meets certain general criteria and is customarily incidental to and commonly associated with a permitted
principal use; and
WHEREAS, urban chickens are not listed as a specific accessory use and, since they are not customarily
incidental to and commonly associated with a detached single - family residence in an urban neighborhood, they
cannot be considered a general accessory use; and
WHEREAS, an amendment to the Zoning Code is required to list the keeping of chickens a specific
permitted accessory use and to allow for structures for the shelter of chickens as an allowed accessory
structure; and
WHEREAS, additional regulations for the keeping of chickens will be established by the Animal Control
provisions of the City Code; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend Section 14 -4C -2, by adding a new subsection Y as follows:
Y. The Keeping of Chickens and Structures for the Shelter of Chickens
The keeping of chickens and structures for the shelter of chickens are permitted for detached single -
family uses subject to the restrictions and provisions set forth in Title 8, Chapter 4 "Animal Control ",
of the City Code of Ordinances.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 12012.
ATTEST:
MAYOR
Approved by:
ity Attorney's Office
CITY CLERK
1
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Date published
/D
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN
CHICKENS.
WHEREAS, citizens have requested that the City Code be amended to allow them to keep chickens
to produce eggs for personal, not commercial, use; and
WHEREAS, it is in the best interest of the City to establish a permit process for urban chickens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 12, entitled "Permit
Required," is hereby amended by adding the following new Subsection F, entitled "Urban Chicken
Permits" as follows:
1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other
permit, issued by the City.
2. Chicken means a member of the subspecies of gallus gallus domesticus, a domesticated
chicken.
3. In order to obtain an urban chicken permit, an applicant must submit a completed
application on a form provided by the City accompanied by the permit fee.
4. Within 30 days of submission of the application, the Police Chief, or designee, shall issue
the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted
by City Council resolution or deny the application. If the application is denied, Police Chief, or designee,
shall state the reasons in writing.
5. The urban chicken permit shall be valid for three years and may not be sold, transferred
or assigned.
6. The Police Chief, or designee, may revoke an urban chicken permit as provided in the
policy adopted by Council resolution.
7. Appeals of the decision to deny or revoke an urban chicken permit are to City Manager,
or designee, and must be filed within ten (10) days of the decision.
8. Subsections A -E of Section 8 -4 -12 and Section 8 -4 -13 do not apply to this subsection.
9. Additional requirements, including permit fees, shall be adopted by resolution.
10. Violation of this subsection or the terms of the urban chicken permit is punishable by a
municipal infraction with a civil penalty of $100 for first violation, $250 for second violation, and $500 for
third and subsequent violations.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 12012.
MAYOR
ATTEST:
CITY CLERK
-. .
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/27/2012
Vote for passage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE RE ULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMI PROCESS FOR URBAN
CHICKENS.
WHEREAS, citizens have r quested that the City Code be a
to produce eggs for personal, n commercial, use; and
WHEREAS, it is in the best i erest of the City to establish a F
NOW, THEREFORE, BE IT O DAINED BY THE CITY COLM
SECTION I. AMENDMENTS.
Title 8, entitled "Police Regulati
Required," is hereby amended by
Permits" as follows:
1. No person shall raise,
permit, issued by the City.
2. Chicken means a mer
ed to allow them to keep chickens
6rmit process for urban chickens.
CIL OF THE CITY OF CITY, IOWA:
" Chapter 4, entitled Animal Control," Section 12, entitled "Permit
iding the fo/pecies new Subsection F, entitled "Urban Chicken
arbor or keens without an urban chicken permit, or other
3r of the su of gall us gal lus domesticus, a domesticated
chicken.
3. In order to obtain an urba chi
application on a form provided by the City cc
4. Within 30 days of submissi
the urban chicken permit if the applicant me
by City Council resolution or deny the appli i
shall state the reasons in writing.
5. The urban chicken per t sha
assigned.
6. The Police Chief, or signee,
policy adopted by Council re,
policy
:k permit, an applicant must submit a completed
anied by the permit fee.
app lication, the Police Chief, or designee, shall issue
the requirements of this provision and the policy adopted
m. If the application is denied, Police Chief, or designee,
be valid for one year and may not be sold, transferred or
revoke an urban chicken permit as provided in the
7. Appeals of the de 'sion to deny o revoke an urban chicken permit are to City Manager,
or designee, and must be filed wi in ten (10) day of the decision.
8. Subsections A- of Section 8 -4 -12 nd Section 8 -4 -13 do not apply to this subsection.
9. Additional req rements, including rmit fees, shall be adopted by resolution.
10. Violation oft s subsection or the to s of the urban chicken permit is punishable by a
municipal infraction with a ci it penalty of $100 for fir violation, $250 for second violation, and $500 for
third and subsequent violat' ns.
SECTION II. REPEAL R. All ordinances and pa of ordinances in conflict with the provision of this
Ordinance are hereby re ealed.
SECTION III. SEVE ABILITY. If any section, provisi n or part of the Ordinance shall be adjudged to be
invalid or unconstitutio I, such adjudication shall not aff ct the validity of the Ordinance as a whole or any
section, provision or p rt thereof not adjudged invalid or u onstitutional.
SECTION IV. E ECTIVE DATE. This Ordinance sha be in effect after its final passage, approval and
publication, as prc
Passed and a
MAYOR
ATTEST:
CITY CLERK
Approved1.fZy '
City Attorney's Office
by law.
?d this day of
2012.
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
First Consideration
Vote for passage:
Second Consideration _
Vote for passage:
Date published
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
11/13/2012
AYES: Hayek, Mim Throgmorton, Champion, Dobyns.
NAYS: ayne, Dickens. ABSENT: None.
� r
Ir
CITY OF IOWA CITY
MEMORANDUM
DATE: NOVEMBER 20, 2012
TO: CITY COUNCIL
a
FROM: SUSAN DULEK, ASS'T. CITY ATTORNEY
RE: URBAN CHICKEN PERMITS - CONSENT OF NEIGHBOR
Introduction
This memo is to assist with Council's discussion at the November 27 work session regarding whether
consent of neighbors is required for having chickens.
Other Iowa Cities
I was not able to find another ordinance in Iowa that includes a "veto" provision, that is a provision in
which a neighbor can prevent someone from having chickens. In reviewing ordinances, I note the
following:
Cedar Rapids The applicant is required to notify residents of "immediately adjacent dwellings"
of the intent to obtain a permit. Consent is not required.
Mt. Vernon Permit is required. No consent or notification is required.
Ames Chickens are not prohibited. There is no permitting process.
Des Moines Chickens are allowed under certain conditions. No permit required. No consent
or notification is required.
Cedar Falls Chickens are prohibited.
Sioux City Chickens are allowed with a permit. No notification or consent is required.
Dubuque Chickens are allowed with certain conditions. No consent or notification is
required.
Davenport Chickens are allowed only in areas zoned agricultural.
Council Bluffs Chickens are allowed with a permit. No notification or consent is required.
Urbandale Chickens are allowed with certain conditions. No consent or notification is
required.
1
Ann Arbor and Madison
also looked at two other Big Ten university cities. Ann Arbor requires the owners of all adjacent
properties to consent. Adjacent is defined as "parcels of property that the applicant's property comes
into contact with at one or more points."
In Madison, consent is not required. Notification is not required if the property is an owner - occupied,
single - family home. If the property is a single family home that is not owner occupied, the applicant
must notify the property owner and all residents of the applicant's dwelling units. If the property is a
two, three or four unit home, the applicant must notify the property owner and all residents of all units.
No notification is required for a renewal.
Staffs Recommendation
As shown in the draft policy (set forth below) that was attached to Doug Boothroy's memo dated
November 7 which was in the November 13 agenda packet, staff recommends the following notification
requirement that allows a neighbor to object to the City issuing a permit but the basis for the objection
must be something other than the presence of chickens:
If an objection by a neighboring property owner is filed, the Police Chief, or designee, must
determine whether there is a reasonable basis to deny the application. Reasonable basis
means a condition specific to the site, such as drainage onto an adjacent property or to the
applicant, such as a history of animal control issues (e.g., barking dogs and failure to license
animals) and /or a history of property management issues (e.g., accumulation of junk and debris,
tall weeds, and snow removal). Reasonable basis does not mean solely an objection to the
presence of chickens. If Police Chief, or designee, grants a permit over the objection, the
Police Chief, or designee, must notify the objector in writing, and the objector may submit an
appeal in the same manner as set forth for denials and revocations of permits.
How to Define Neighbor
If Council requires consent, two issues must be addressed. First, how to define "neighbor." Second,
what is the consequence of a neighbor not consenting?
1. Is a neighbor the owner of the property or the tenant(s) or both?
2. Is a neighboring property limited to one that shares a property line?
3. Is a neighboring property one that shares a property line only at the corner of the rear yard? In
other words, the two rear yards are diagonal from each other such that the shared property line is
one point.
4. Does a neighboring property also include a neighboring structure that is within so many feet of
the proposed coop even if there is no shared property line?
2
What is the Consequence of a Neighbor Not Consenting
1. Can one neighbor "veto" the application or is a majority of neighbors required? For example,
both side neighbors consent. The rear property line is shared with two lots, one owner consents
and one does not. Can that property owner prevent the applicant from having chickens?
2. If a neighbor "vetoes" the application, may the applicant appeal to the City and the City "override
the veto" and issue the permit? If so, standards will need to be developed to guide the City in
deciding when a permit may be issued even if a neighbor does not consent.
3. May a new neighbor "veto" a renewal of the permit? For example, a person has had a chicken
permit for two years without any complaints and applies to renew it for a third year. A few weeks
prior to the application, the house next door is sold and the new neighbor will not consent.
Conclusion
Based on Council's direction at the November 27 work session, staff will prepare a policy to be
considered for adoption by resolution at the December 4 meeting (assuming that both the zoning and
animal control ordinances are approved)
Copy to:
Thomas M. Markus, City Manager
Geoff Fruin, Asst. to City Manager
Eleanor M. Dilkes, City Attorney
Marian K. Karr, City Clerk
Doug Boothroy, Director HIS
Misha Goodman, Animal Services Supervisor
3
Marian Karr
From:
Brien Hemann <brienhemann @gmail.com>
Sent:
Tuesday, November 13, 2012 4:16 PM
To:
Council
Subject:
Chickens, the peaceful, productive poultry.
To whom this may concern, especially members of the Iowa City City Council:
Dear Council Members,
I am unable to attend tonight's meeting due to a 7pm -9pm class at the University of Iowa.
Please include my support for permitting small broods of chickens when contemplating tonight's seminal vote
on this issue.
I have travelled extensively for academic purposes and was shocked to return home to Iowa City and find anti -
subsistance agriculture sentiment(for lack of concrete policy on the topic) in the "Old Capitol," a center for civil
progress in a state dominated by conglomerate agribusiness.
A testament to poultry's ability to influence one's life:
I grew up just outside of Iowa City and became a poultry "Showman," a reward of achievement assessing
knowledge about one's subject. My research on bantam breeds that lead to this award at the Johnson County 4-
H and FFA Fair and was an early experience applying research to my individual interests. Advocating for
sustainability and Iowa City's ability to compete with chicken savvy cities, I urge you to vote to permit 4 hens
per household within city limits! Not only can chickens be pets that provide nourishment, but they don't stay
out past dark! Something that differs from the more common household animals that bark.
Thank you for your time and attention to this matter!
Sincerely,
Brien Hemann
1720 G St
Iowa City, Iowa 52240
US Cities that Allow Chickens - High Country Conservation Center
www.hi-ghcount[yconservation.org
Marian Karr
From: Sturm, Mary Therese M <mary- sturm @uiowa.edu>
Sent: Wednesday, November 14, 2012 7:43 AM
To: Council
Subject: urban chickens
This correspondence will become a public record.
How many of you on the council have been raised on a farm with chickens? Anyone that has been, will tell you that
chickens have an odor, especially in the summer. It is not chicken NOISE... if you don't have a rooster there is little noise.
Where do the chickens go in the winter?
What about the idea that most of us live in the city because we want to live in a bonified CITY? We don't want to live
around or near farm animals? Ordinances that were made years ago were made for that very reason ... we want to live in
a CITY environment and with that thought in mind, where are our rights? Suddenly you have a small group of people that
want to have chickens in the city, and those of us that pay taxes to live in that same city are disregarded?
The argument that the cost of having the "free" eggs doesn't hold water.... chicken food, chicken shelter, license,
etc .... those are the most expensive eggs I can find. I can buy a doz eggs for .99 on sale and sometimes .79. If I want
free range eggs, I can go to Kalona or even to New Pi and buy them. Chicken eggs sold in stores offer an egg raised in
an environment that has been inspected... who is inspecting these eggs from the family pets?
Am I attracting fox or other preditors to the city by having these chickens?
Come now, what are you thinking? Because you found a dear sweet little child that wants to raise chickens, your hearts
are turned to mush. Well I can show you a dear sweet child that wants an elephant... what about him? Sure his elephant
will smell, but he will pick up the elephant droppings, and as long as there are no male elephants in the neighborhood you
will probably not hear any trumpeting from the elephants. And, wow, there is all that fresh elephant manure that can be
used for plants and spread on the yard and for gardens......
Hog wash! We live in a city, chickens are farm animals. They belong on a farm.
And Mr. Dobyns: neighbors should have the right to say they do not want to live next to a farm animal since they are
paying taxes to the CITY! And what on earth does, "no appreciable loss of sales value to the adjoining homes
mean? Any loss is more than should be inflicted. Neighbors should have the right to say, "NO ".
This is a matter that should be voted on... oh, that costs money .... well let the city bear the money for that instead of the
property owners having to bear loss of property value or the loss of one portential house buyer due to chicken neighbors.
Come one folks, you are on a CITY COUNCIL, not the County Board of Supervisors
Mary Sturm
Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications
Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this
communication is strictly prohibited. Please reply to the sender that you have received the message in error,
then delete it. Thank you.
Marian Karr
From: RussUPS @aol.com
Sent: Friday, November 16, 2012 12:22 PM
To: Council
Subject: (no subject)
I find this quite amusing. The whole jest about these people wanting their own laying hens is because "eggs are to
expensive or not healthy enough to be bought at a store ". I bought eggs at a grocery store the other day„ $1.50 a dozen.
Keeping that in mind with the purchase of a $100.00 permit. I could buy 66 dozen with that $100.00. Now a dozen organic
would run you about $3.70 a dozen. With that same $100.00 permit someone could purchase 27 dozen eggs. Then
take into account the feed and up keep of those 4 hens on top of that permit, those become very expensive eggs. It would
be cheaper for these people to buy organic eggs at The New Pioneer Co -op.
In a town of 50,000, our city council let 2% or about 1000 people possibly create a "messy ordinance" for neighborhoods.
If you know anything about chickens "messy" is the only respectable way to describe it.
Granted it's a separate issue. But isn't it amazing how 2% of a population can possibly create a huge "neighborhood
mess ". But then when it comes to the safety of all of those who work in our courthouse. It takes a super majority instead of
a simple majority to build a facility to do just that.
Russell Haught
Marian Karr
From: patricia knebel <pkknebel @hotmail.com>
Sent: Sunday, November 18, 2012 8:57 AM
To: Council
Subject: Urban Chickens
I am writing to ask you to please vote against allowing chickens in Iowa City. I am very concerned about having any
chickens near my property and that of others. Having grown up on a farm, I know how dirty and unpleasant they
are. Chickens by nature scratch at their feed, which ends up scattered, and will attract mice, rats, and other
vermin to say nothing of the other animals, who will be most interested in having chicken for dinner! I am also well
aware of the smell associated with chicken pens.
Please vote no.
Pat Knebel
1941 Hafor Dr.
Iowa City, IA 52246
(o
Marian Karr
From: shanmarie.jones @gmail.com on behalf of Shannon Gassman <shan.gassman @g mail. com>
Sent: Wednesday, November 21, 2012 4:28 PM
To: Council; Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim
Throgmorton; Doug Boothroy; Misha Goodman; Tom Markus; Geoff Fruin
Subject: I- CLUCK/urban chicken ordinance: neighbor veto & cost
Attachments: I- CLUCK_neighbor.veto_letter.pdf
Dear City Council and Staff,
Please see the attached letter from I -CLUCK regarding neighbor rights /veto and permit costs.
Thank you,
Shannon Gassman
(Please include in Information Packet for the November 27 council meeting.)
Shannon Gassman
shan. gassmanggmail.com
630 677 0227
11/21/2012
Dear Iowa City Council and Staff,
On behalf of the I -CLUCK group, I would like to share some opinions and talking points
with you, for consideration alongside the draft of the urban chicken ordinance. We have,
as a group, considerable concern regarding two aspects of the proposed ordinance:
Neighbor Notification & Permit Cost.
Neighbor Notification
At your meeting on November 13th, there was some discussion about neighbor rights
and a desire of some council members for a neighbor veto to be added to the ordinance.
We understand that city staff has been asked to provide an updated draft of the ordinance,
with language about neighbor veto.
The opinion of I -CLUCK is that giving neighbors veto power over chicken permits would
be a mistake for this Iowa City ordinance. We ask that you consider this ordinance
in relation to the animal code of Iowa City, which does not require notification from
neighbors for owning any number of dogs, cats, or any other pets. The ordinance as
previously proposed already gives neighbors fair and equal treatment, and puts into
place significant measures to ensure that best chicken keeping practices are followed.
An additional neighbor veto policy on this ordinance would open up opportunities for
neighbor input in other areas, and likely open up a much larger battle of protection vs.
over - regulation within Iowa City. Undoubtedly, there are many circumstances and issues
that you, as public officials who are looking at many different issues at one time, have not
considered. Please use the following information in your discussions.
Foreseeable Problems with including a Neighbor Veto:
- Neighbor Notification does not exist anywhere else in Iowa City code; it is
unprecedented.
- Neighbor Veto definitely does not exist anywhere else in Iowa City code.
- Neighbors could deny a chicken permit based on personal preference and
perceived problems, rather than actual, circumstantial reasoning.
- Neighbor's personal preferences should not dictate what one is able to do in their
own backyard.
-There are various other activities that may be deemed to have a greater impact on
neighbors and property values than chickens, however they remain unregulated
(likely for good reason). See Other Activities below.
- Because of varying circumstances within the city, neighbor veto will be extremely
hard to control and monitor. See Circumstances below.
- Neighbor veto has more potential to cause neighbor tensions than it does to
eliminate tensions.
-How will an applicant be able to resolve the concerns of the neighbor? Is there
room for negotiation? Or one no means NO?
-Does one neighbor's disapproval mean automatic permit denial? Is the city
prepared for this excess in neighbor relation mediation?
Veto may be excessive for a written city policy and perhaps the issue is better
dealt with on a case by case basis, through the nuisance code.
Other Activities that are allowed without neighbor notification:
-Build an 8 foot high privacy fence around your entire back yard, or take down an
existing privacy fence.
-Build an accessory apartment (granny cottage) in your back yard and rent it out.
-Rent your house out and not maintain it.
-Pave half of your yard to use as a tennis court, or put up a basketball court with
spotlights for night playing.
-Use a smokey charcoal grill or have a campfire in your yard, which may irritate
some neighbors with allergies or asthma.
-Hang a deer carcass from a tree after a hunting trip.
-Run a business out of your home, and have an employee.
- Install a swimming pool and have pool parties for your kids.
- Install a hot tub in your back yard and throw adult parties.
-Build a dog run for 4 dogs, or just let them out in the fenced yard to bark when
people walk by.
- Operate an in -home daycare for 9 to 16 children.
- Attract numerous birds and other wildlife (squirrels, chipmunks, etc), and their
waste, to your yard by feeding them.
-Spray chemicals on your yard even if your neighbors have chemical sensitivities
or asthma.
- Operate a bed and breakfast home with up to 3 rooms for rent on a nightly basis.
-Cut down all the trees and bushes in your yard, or take other actions (or inactions)
that reduce property values.
-Cut branches off your neighbors tree that overhangs in your yard.
-Allow your dog to run and bark freely on your property.
-Let out your cats to roam and leave feces throughout the neighborhood. (yes,
this is illegal in Iowa City, but the occurrences are dealt with through the nuisance
code, not neighbors vetoing cat ownership)
-Plant trees that might drop walnuts or another fruit into a neighbors yard.
-Store numerous old cars or other large implements in your yard.
-Leave dog remainders in your yard in excess of one week.
-Smoke outside, on your property, which may draft into neighbors yards and
homes.
These activities and lifestyles remain free of neighbor approval, which suggests
that keeping chickens would be much more offensive and thus require a new,
unprecedented policy to be put in place. Chickens in small flocks in urban settings
no not have a greater impact than any of these other activities.
Circumstances (not rare) which make veto power confusing and overbearing
-A large lot on a cul de sac which abuts 10 separate properties. One property
owner (perhaps the furthest away), of the ten, disapproves the application.
-A single family home next to a multi -unit apartment complex that could hold any
number of people, often changing frequently. Would permission be required from
all tenants of that apartment building? Would permission need to be granted
every time a new tenant moves in? Would permission need to be granted from the
property owner? Is it reasonable to give this power of veto to someone who may
not live in the neighborhood, or Iowa City, or even this state?
-A single family home has only one abutting neighbor, who opposes the permit.
The proposed coop and enclosure plans put the chickens completely out of sight
and sound from that neighbor.
-A single family home is located next to a commercial property with a board of
directors of ten individuals. Five oppose / Five approve.
-A single family home abuts a co -op housing property, housing 20 individuals.
-A single family home abuts a city park. Can the city deny the permit? Can users
of the city park deny the permit?
-A neighbor opposes an application because of past experiences on an industrial
chicken farm. Is this reasoning valid even though the circumstances are entirely
different?
-A neighbor opposes an application because they believe their dog will attack the
chickens. Is this substantial cause to deny a permit? Is there a way for this permit
to go through, after negotiating fencing options? Is this the city's responsibility to
monitor fencing negotiations?
-A neighbor opposes an application because they believe there will be a terrible
smell in the neighborhood once the chickens arrive? This is likely an opinion
based on preconceived notions, rather than experience with chickens in an urban
setting. Is it appropriate to deny a permit based on preconceived notions?
By not including a neighbor veto policy, these questions and issues would be
resolved by the institution of a fair, equal, and publicly understood set of rules,
regulations, and rights defined by the ordinance.
Talking points from 1 -CLUCK
We must accept that by living in a city with small lot sizes we will have neighbors doing
things in close proximity to us that we do not approve of.
Any kind of permission or notification requirement asks too much of city staff members
who are going to have to enforce these rules or adjudicate disputes. It would be much
simpler for city staff to address any actual complaints that arise.
It seems like only a tiny number of people actually keep chickens in towns where it is
allowed. It would be more efficient and less invasive to simply address problems as they
arise (which is what city staff does if, say, there's a loud dog) rather than create all this
work in advance of problems that probably won't arise.
The nuisance policy should be used as a way to lodge complaints.
My neighbors and I are friendly, but I don't feel I have any right to dictate what goes on
in their private yard, and they should afford me the same right.
The current proposed workflow is a compromise: instead of just buying a dog, you have
to apply for a permit to have chickens.
Concerns such as "I do not want to live next to chickens" should not hold any weight.
It should be the provisions of the policy, not the veto power of the neighbor that are most
important.
The goal of this ordinance should be to provide citizens the opportunity to raise chickens.
If the goal is, instead, to be able to say that we have an ordinance, but we don't actually
want chickens to be here, we need to reassess. There are beginning to be so many
hoops to jump through that no one will truly be able to do this, and this effort will have
been wasted.
This ordinance is being proposed to allow citizens a new right: the keeping of chickens.
It would be extremely counterproductive to simultaneously give citizens the right to deny
their neighbor this new -found right.
Where to Go From Here
Iowa- CitiansLUCK do not believe this ordinance should include a neighbor veto policy.
It is unclear, however, what Mayor Hayek says when he asks for more "neighbor rights."
Does this mean Neighbor Veto: one abutting neighbor disapproves - permit denied? Or
would there be more leniency in the veto power that could allow an applicant to satisfy
some need of the neighbor before getting their permit? What would be reasonable cause
for a neighbor to deny an application?
-The best solution is to keep the ordinance as is: give neighbors a chance
to come forward with due cause that a permit should be denied, and use the
nuisance policy, as it exists in the animal code, to handle problems as they
arise.
-A second solution might give neighbors a chance to give proper reasoning to
their concerns with having chickens next door. City staff or a committee would
have to deem whether this is concern is reason. We do not suggest this option, as
it seemed over - regulated and entirely subjective. We would need a manual written
just to discuss reasonable and unreasonable concerns.
- Another solution may be to ask for some type of percentage of disapproval from
neighbors. This could put strain on neighbor relations, and start battles, including
allies and enemies. It may be effective for large properties with many abutting
neighbors, but is not useful in many cases of few abutting properties.
Permit Cost
Although not discussed during the last council meeting, I -CLUCK advocates have been
discussing the cost of the permit, as defined in the current drat of the ordinance. We find
the costs to be much higher than other cities (Cedar Rapids: $25, Mt. Vernon: $10) In
fact, there is no town we are aware of with this high of a cost for chicken keeping permits.
Comments Regarding Cost
$100 works out to be about $2 a week. While I would like to own chickens to reduce
my carbon footprint, reduce demand for factory- farmed eggers, and feed my family a
healthful product, adding such a high permit expense would be prohibitive to my family
of 6 living on less than $55K. When you add cost of feed, of chickens, and of building the
coop, I may as well continue to buy $4 /dozen eggs from the farmers' market. This high
permit cost is unprecedented and I believe it is set to keep people from owning chickens.
Please take a look at the policies of many, many urban and suburban areas and note that
they do not place this burden on their citizens.
If the goal of this ordinance is to say that we have an ordinance, but we don't actually
want chickens to be here, we need to reassess. There are beginning to be so many
hoops to jump through that no one will truly be able to do this, and this effort will have
been wasted.
take real issue with the price of the permit, as well as the renewal fee. $100 initial fee
plus a $75 annual renewal? Really? Given that having a cat or a dog is only $5(30) a year,
this seems ludicrous. It creates a situation /policy where urban chickens are a luxury item.
Healthy fresh food, all would agree, should not be something of privilege.
As a matter of fairness, I think the chicken fee should be exactly the same as a comparable
dog or cat fee. If it is higher, justification for the higher fee should be stated in the policy.
Understandably, the fee is set to cover the cost of coop inspections. However, animal
control has stated that it will not be increasing its staff in order to satisfy chicken coop
inspections. If the staff is there, and they are paid by the city (not hourly by the public)
why is there an excessive charge for chicken permits?
The fees are too high and make it most likely that keeping chickens would only be
possible for quite affluent people. There's no reason why the fees should be MUCH
higher than they are for licensing dogs or cats.
The $100 first time permit is high. But the $75 renewal fee is extreme (and seems to be
a very arbitrary number). If a chicken owner has kept chickens in the past and not had
problems, complaints, or issues with animal control, they should be able to continue
their practice without extraneous loops to jump through. There should be a minimal cost
($10, to be clear) to file the paperwork and no additional inspection.
If the high cost is trying to cover set -up for housing chickens at the shelter, I -CLUCK
would be willing to help to raise the money for this cause, but it should not be deferred to
those individuals who could benefit most from healthy, fresh, and affordable food.
Thank you for your continued work on this issue. We ask that you please
consider these points as you continue to make decisions about the future of
this ordinance. We hope you will be proud of the ordinance which your staff
has organized and which your advocacy group has worked so hard to obtain.
Sincerely,
Shannon Gassman
to
Marian Karr
From: Sarah McElligott <sarah.mcelligott @g mail. com>
Sent: Wednesday, November 21, 2012 9:24 PM
To: Council
Subject: Chicken Keeping in Iowa City
November 19th, 2012
Dear Council Members,
My family has raised chickens in the past and would like to again. I am very pleased to hear that we may be
able to soon. However, I have some concerns about what provisions may be placed on the permits.
First, I have heard it will be $100 for the first year and $75 for subsequent years. $100 works out to be about $2
a week. While I would like to own chickens to reduce my carbon footprint, reduce demand for factory - farmed
eggers, and feed my family a healthful product, adding such a high permit expense would be prohibitive to my
family of 6 living on less than $55K. When you add cost of feed, of chickens, and of building the coop, I may as
well continue to buy $4 /dozen eggs from the farmers' market. This high permit cost is unprecedented and I
believe it is set to keep people from owning chickens. Please take a look at the policies of many, many urban
and suburban areas and note that they do not place this burden on their citizens.
My second concern is the idea of a neighbor -veto in the law. I have 5 neighbors abutting my property. None of
these neighbors have to ask me if they can get large dogs that bark at my children every time they play in our
fenced back yard, nor do they have to ask me if they can plant trees that might shade the only garden area I
have, or might drop walnuts or another fruit into my yard. I do not get to say that my neighbors should not have
6 broken down cars parked in their yard, lowering our property values. Why should they have veto power over
whether I have a few chickens in my yard? My neighbors and I are friendly, but I don't feel I have any right to
dictate what goes on in their private yard, and they should afford me the same right.
Backyard chickens are a positive addition to a community. I understand the need to protect the city with
permitting; however, I feel if you need to do this, limit it to property owners, make it affordable to families who
both want to make a difference AND who are part of the middle class, just trying to get by and make the world
a better place. Iowa City is a great, progressive city: we can do better than neighbor- vetoes and exorbitant
permitting costs.
Thank you,
Sarah McElligott
This correspondence will become a public record.
/b
Marian Karr
From: trish nelson <nelsonaction @yahoo.com>
Sent: Saturday, November 24, 2012 7:26 PM
To: Council
Subject: Iowa City can't handle chickens
Dear council,
I watched the council meeting this evening and know all the arguments. I'm not opposed to what the
chicken supporters are going for, locally grown food, health, ecological balance, etc. although I feel
that some of the proponents exaggerate the problem -free aspect of other communities' experience
with chickens. Cedar Rapids has had numerous problems. And locally grown eggs are available in
many Iowa City grocery stores already. It is hard to see what the true need for neighborhood chickens
really is other than people want them. After having lived in this community for 30+ years, I anticipate
numerous fights over permits, abandoned chickens, abused chickens, escaped chickens, bothering
neighbors, etc.
In my humble opinion, Iowa City simply cannot handle urban chickens.
I think that many Iowa Citians are opposed to this but you're mostly hearing from the chicken
supporters.
Please consider this carefully. We will not be able to go back.
Trish Nelson
917 Wylde Green Rd., Iowa City
Marian Karr
From: LTProttsman <ltprottsQuno.com>
Sent: Monday, November 26, 2012 11:19 AM
To: Council
Subject: chicken ordinance
Dear City Council Members,
I am writing to urge you to carefully consider the veto power of neighbors within the chicken ordinance. While
I agree that the chicken permit should include very specific rules to abide by, it makes me nervous when
neighbors are allowed veto power. In some instances, if the chickens /coop aren't taken care of, etc., there
should be some exceptions and action taken. But just as I don't have the right to veto my neighbor's dog (who
jumps out of a car window and bounds into our yard with our playing, now frightened children), I think the
same consideration should be given for chicken owners. Also, the $100 permit fee seems above and beyond
what's appropriate, especially considering other animal permits are only $5. With all the other start-up costs
associated with a responsible chicken owner, a $100 permit fee seems excessive and prohibitive.
I realize this "chicken thing" is new to Iowa City, and there are many things to carefully weigh and
consider. Many, many cities and towns in the US are able to peacefully contain urban chickens (some even
allow goats!), so I think Iowa City should be reasonable and fair with the new chicken ordinance.
Thanks for your consideration,
-- Tammia Prottsman
/6
Marian Karr
From: Martha Norbeck <martha norbeck@hotmail.com>
Sent: Monday, November 26, 2012 11:37 AM
To: Council
Subject: In support of urban chickens
Dear Council Members,
am thrilled you are reviewing the issue of urban chickens. I'd like to share my response to your discussion of
a neighbor veto and $100 permit fee. In my youth, we had a pet chicken, we loved to run out and fetch her
warm egg when we heard her squawk. That was about the only time she made a loud noise. She was far less
noisy and troublesome than my current dog, and yet you propose to set a higher bar for chicken ownership
than dog ownership.
Dogs can be loud, noisy and scary. My home is surrounded by home owners with multiple dogs. They bark and
lung at me when I pass. The dogs are obnoxious, but anyone can get a dog license for $30 without talking to
their neighbors first. Other neighbors have youth who play loud music, or who mow their lawn at 6:30 am, or
whose cats use my flower beds as a litter box. I don't like these things, but they are all okay because living in
an urban neighborhood was my choice. Dogs, cats, chickens, should all be treated the same. I'd rejoice if my
neighbors swapped out their scary loud dogs for chickens.
Sincerely, Martha Norbeck of the Longfellow neighborhood
906 S. 7`h Ave.
/0
Marian Karr
From:
Fred Meyer <f.meyer @mchsi.com>
Sent:
Monday, November 26, 2012 12:32 PM
To:
Council
Subject:
Changes to the Urban Chicken Ordinance
Dear City Council Members.
Thank you for showing your progressiveness by moving forward with permitting urban chickens in Iowa City. The
ordinance is good: it outlines the best practices for keeping healthy hens on a residence.
After cordially speaking with the Animal Care and Adoption Center about the ordinance, I think a couple small changes
are needed to make it fair and unbiased:
• Remove the neighbor notification provision
• lower the permit fee to the same amount as neutered dog and cat license fees ($5 per year per chicken)
Neighbor Notification and Paradigm Shift
Urban chickens bring with them the perception of unkempt farms of mud, filth, and odor. This unspoken and unfounded
paradigm is the primary fear of a few residents, but unresearched issues of urban disease, noise, and owner
responsibility is touted instead.
Keeping 2 -3 hens will not create an unsightly urban farm just as keeping 2 -3 dogs does not create a dangerous urban
wolf pack. Chickens are simply domesticated birds just as dogs are domesticated wolves. Yet due to the farm paradigm,
we are much more accepting of dogs despite having thousands of times more birds than dogs inhabiting our landscapes.
Please consider removing the neighbor notification provision. I do not think you want specious paradigms to drive
policies that are time - consuming and difficult to enforce. The excellent provisions outlining coop conditions are enough
to address health and visual concerns and current pet regulations can easily be used for chickens. In addition, I do not
think neighbor notification exists for any other city policy, likely due to the complications that follow.
Fairness and Fees
Why can most anyone keep dogs or cats, but not chickens? Why is the proposed chicken permit fee higher than dog and
cat license fees?
I do not want a pet dog or cat because:
• I am allergic to fur.
• My home is surrounded by 6 barking dogs and I do not want to increase neighborhood noise levels.
• Dog and cat feces contain pathogens which require energy and resources for disposal.
I want 2 -3 pet hens to:
• Create fertile, weed -free garden beds.
• Consume yard waste and kitchen scraps that may otherwise go to the landfill.
• Help control insect outbreaks (such as Japanese beetles).
• Provide backyard company.
• Provide eggs.
Please move the ordinance forward with the fees at the same level as neutered dog and cat licenses. If fees for
neighboring dogs and cats are lower than my chickens, please provide justification for the higher fee in the policy.
Thank you for considering these changes and for all that you do to make Iowa City a great place to live.
Fred Meyer
Bristol Drive, Iowa City
/Z7
Marian Karr
From: Elizabeth Cummings <idea @mchsi.com>
Sent: Monday, November 26, 2012 12:53 PM
To: Council
Subject: A must -read: collective statement of animal sanctuaries on "backyard chicken" movement
Dear Council Members:
I am an Iowa City homeowner opposed to the push to establish an ordinance allowing hens within the City
limits -- though I am not opposed to chicken - keeping if done correctly. Allow me to make the distinction:
I do know people who care for hens (and roosters) properly, from cradle to grave. These few individuals
ensure correct care for the animals, starting with how they are acquired (adopted vs. bought from what is
the chicken version of a puppy mill, only with even fewer animal - protection regulations), ensuring their
lives are enriched (allowing hens and roosters to forage and perch outside of a coop on a daily basis), and
providing hens a forever home (caring for them well beyond the mere 18 months they produce eggs at a
rate that is satisfactory to countless backyard- chicken advocates).
In the 13 years I have been reading literature, attending talks, and even spending a summer as a full -
time volunteer tending to the day -in- and - day -out needs of formerly neglected and abandoned hens and
roosters, generally viewed as a source of food and little else, I can say with certainty that the people I
mention above are a rare breed. Giving legal permission for the general population to have hens in their
backyard, for this reason and others, is unwise.
Though I understand some work has been done to ensure only the "right" person will be allowed to set up
a coop and so forth for chickens should this ordinance be passed, I maintain that most people involved in
decision - making really don't know all the facts. This is not surprising, as even those who grew up on
farms may not know the more - recent reality of so- called urban chicken - keeping, let alone what the entire
lifespan of a chicken really entails. I am writing to provide this information, primarily in the way of a
collective statement of animal sanctuaries. It's a two -page executive summary that can be read in a
matter of minutes -- though hopefully reflected on and discussed for many more: http: / /www.upc-
online.org /backyard /backyard poultry.pdf If nothing else, you should understand that just because the
current draft of the ordinance excludes the keeping of roosters does not mean these male chickens will
not come home to roost in Iowa City: Roosters -in- the - making will be put in the possession of any Iowa
City resident who buys chicks from a hatchery; sexing of chicks is not a science.
After attending the last city council meeting, I sense that those decision - makers who are currently
expressing support for the pending ordinance may either feel pressed to pass such an ordinance because
"other cities in Iowa are doing it" and /or because they tire of re- addressing the issue - -and are justifying
their stance by saying they haven't heard of any major problems from the officials who preside over
matters pertaining to backyard chickens. Now, if these cities were ones like Minneapolis, where urban
chicken - keeping has been allowed in some way, shape, or form for many years, allowing for a longitudinal
study of sorts -- rather than one like Ames or Des Moines or Cedar Rapids, where the trend is relatively
new and has yet to gain momentum - -such check -ins with other locales would be a fine source of data. In
this case, they aren't. Additionally, one really needs to confer with those "in the periphery" - -those people
who take responsibility for the birds when residents abandon them. You can see what these truly
responsible caregivers - -folks from across the country, running sanctuaries that serve as "overflow" homes
for neglected and abandoned birds when municipal shelters are full - -have to say in the document I link to
in the previous paragraph.
Finally, our city animal shelter has had challenges galore over the years - -just with dogs and cats and a
few other animals not falling into these categories. Though the flood is behind us, the shelter operation is
still in a temporary location that was not designed to take on an onslaught of animals of a sort that are
hard to catch, among other challenges.
If the ordinance must be passed, why not wait till a permanent shelter is in place - -one that has arranged
for the needs of incoming hens and roosters - -and council members have had the opportunity to read and
listen to those who really know the needs of hens, as well as what long -term trends have revealed
(namely, abandonment at already overburdened shelters, if not in parks and wooded settings) with the
passing fad of urban chicken - keeping?
Just last month, a new concern about lead- poisoning of children from the eating of backyard eggs
came was covered in an article in the Times: htW://www.nytimes.com /2012/10/10 /dining /worries- about-
lead- for - new - yorks- garden- fresh- eggs.html ?hp& r =1& Perhaps in providing hens with their need to
forage, the birds are pecking at the earth near buildings with lead -paint remnants and ingesting
them. There is much to consider. Do not feel you have to wrap up this discussion this calendar year
because of public pressure; take the time to really understand what's at stake before you change the face
of Iowa City residential living, not to mention the lives of animals whose unique needs are not well
understood by the general public.
Sincerely,
Elizabeth Cummings
725 Bradley Street
Iowa City, Iowa 52240
I�
Marian Karr
From:
Sondy Kaska <sbkaska @yahoo.com>
Sent:
Monday, November 26, 2012 9:30 PM
To:
Council
Subject:
Opposition to ordinance allowing chickens in I.C.
Dear Council Members,
As a property owner in I.C., I am strongly opposed to the ordinance allowing chickens to be raised in I.C. There are a
long list of reasons for my opposition, including that with the student and rather transient population of this city, there
are certain to be a large number of abandoned chickens (hens and roosters) who will wind up at our already over-
burdened animal shelter, or suffer a horrible life and painful death. The shelter is ill- equipped to provide refuge for
chickens and does not need the additional burden of responding to complaints, etc. about chickens. Additionally, I do
not believe many people are aware of all that it takes to properly give chickens a good home and environment. There is
also the concern about attracking rodents and other animals that may be drawn to the chickens. Another great concern
is about where people would get their chickens and what type of cruelty is being perpetrated by the sources of chicks.
I believe that adopting such an ordinance is short - sighted, not well thought out, and merely a "sexy" issue whose time
has NOT yet come. Please do NOT pass this ordinance.
Thank you for your consideration.
Sincerely,
Sondy Kaska, Iowa City, IA 52245
Marian Karr
From: Matt Krieger <mkiowa@g mail. com >
Sent: Tuesday, November 27, 2012 2:41 PM
To: Council
Subject: Chicken Keeping Ordinance
Hello,
I live in the Village Green neighborhood in Iowa City and would like to state my personal support for the
chicken keeping ordinance. My family continually looks for ways to make our lifestyle more environmentally
sustainable including things like composting and growing our own food in a garden plot. I believe the City has
done a lot to further similar goals such as the addition of the Eastside Recycling Center and support for the
Salvage Barn and ReStore. The chicken keeping ordinance would further that goal of more sustainable
living. My family and I would appreciate your support and your vote for the ordinance.
I have also heard the ordinance could or does include a'neighbor veto'. While I believe this is a troubling
addition to the ordinance language, I do believe the language developed by the City Staff noted below is
acceptable and fair.
Thank you for listening and I look forward to owning my own chickens and having fresh eggs for breakfast!
Sincerely,
Matt Krieger,
63 Wakefield Ct., Iowa City
If an objection by a neighboring property owner is filed, the Police Chief, or designee, must determine whether
there is a reasonable basis to deny the application. Reasonable basis means a condition specific to the site, such
as drainage onto an adjacent property or to the applicant, such as a history of animal control issues (e.g.,
barking dogs and failure to license animals) and/or a history of property management issues (e.g.,
accumulation of junk and debris, tall weeds, and snow removal). Reasonable basis does not mean solely an
objection to the presence of chickens. If Police Chief, or designee, grants a permit over the objection, the Police
Chief, or designee, must notify the objector in writing, and the objector may submit an appeal in the same
manner as set forth for denials and revocations of permits.
My
M
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00020)
ORDINANCE NO. 12 -4501
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK
BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERICAL (CC -2). (REZ12-
00020)
WHEREAS, the applicant, Terry Lockridge and Dunn World Trend Financial, has requested a rezoning
of the property located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community
Commercial (CC -2); and
WHEREAS, the Southwest District Plan future land -use map indicates the appropriate use for this area
as general commercial, which is intended to provide opportunity for a large variety of commercial uses that
serve a major segment of the community; and
WHEREAS, the subject property is located within the West Side Park subdivision, and the West Side
Park subdivision has evolved from its original plan of being a commercial and light industrial park into an area
that contains residential and commercial uses; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of CIA to CC -2:
LEGAL DESCRIPTION
THAT PART OF LOT 41 OF WEST SIDE PARK DESCRIBED AS AUDITOR'S PARCEL #20001069 IN
SURVEY BOOK 43, PAGE 134 IN THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 27th day of November , 2012.
ATTEST:
0`17Y CLERK
Ap oved by
City Attorney's Office ��� Z
Ordinance No. 12-4501
Page 2
It was moved by rh amp I on and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
X
X
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 10/23/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration 11/13/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published 12/6/2012
I"
.V1 W
CITY OF IOWA CITY
Date: November 7, 2012
To: Tom Markus, City Manager
From: John Grier, Fire Marshal
MEMORANDUM
Re: Notable changes to the 2012 edition of the International Fire Code
The fire department presents for your review, notable changes and proposed amendments to the 2012
International Fire Code (IFC).
New sections, significantly revised sections and new or revised amendments are presented with a brief
review of the change. Proposed amendments that were approved in the previous code adoption cycle are
presented in outline form. The proposed amendments represent a compilation of fire safety best practices
adopted by fire code officials in the corridor and across the state.
New/Revised Sections & Amendments
101 REVISED. Organization- The 2012 version of the code was reorganized in its entirety
to make it easier to use. The new organization establishes certain placeholders in the
event future chapters are developed and approved.
102.7.2 NEW SECTION. Provisions in Referenced Codes and Standards — Establishes that the
provisions of the fire code shall take precedence over the provisions in the referenced
code or standard.
105.7.5 NEW SECTION. Emergency Responder Radio Coverage System — A construction
permit is required for installation or modification to emergency responder radio coverage
systems and related equipment.
106.2 NEW AMENDMENT. Plan Review — Clarifies the fire code official may utilize a
qualified plans review agency when an expert opinion is warranted and that the applicant
is responsible for fees associated with the additional review.
202 NEW DEFINITIONS. General Definitions — Requirements for the various types of
medical or occupant care and their occupancy classifications are now based on defined
terms, the number of persons, and whether persons are capable of self - preservation.
2
316.4 NEW SECTION. Obstructions on Roofs — Establishes criteria for arrangement of roof
obstructions so emergency workers are not accidentally injured by their presence.
317 NEW SECTION. Roof Gardens and Landscaped Roofs — The requirements in this
section limit the area of roof gardens, require the use of roof assemblies designed for
severe fire exposure, and provide for the maintenance of vegetation to reduce fire risk.
503.4.1 NEW SECTION. Traffic Calming Devices — Prohibits the installation of traffic calming
devices without the approval of the fire code official.
506.1 NEW SECTION. Non - Standardized Fire Service Elevator Keys — Establishes
installation requirements for key boxes provided for fire service elevator keys.
507.5.1.1 NEW AMENDMENT. Hydrant for Fire Sprinkler and Standpipe Systems — Requires
water supply for systems to be located not more than 100 feet from a hydrant. This
amendment was previously found in Section 912.
508.1.5 REVISED SECTION. Required Features — Supplemental documentation for use by
firefighters and emergency responders is now required in buildings that require a fire
command center.
510 REVISED SECTION. Emergency Responder Radio Coverage — New requirements
now address the signal coverage of public safety radio systems in new buildings, system
design, qualifications of design personnel, and system maintenance.
604.5 NEW SECTION. Emergency Lighting Equipment — Establishes requirements for
monthly and annual activation testing of emergency lighting equipment.
605.11 NEW SECTION. Solar Photovoltaic Power Systems — Establishes requirements for the
installation of solar power systems on building roofs.
610 NEW SECTION. Commercial Kitchen Cooking Oil Storage — Many restaurants are
now recycling and reusing cooking oil to reduce disposal costs. The requirements
address the indoor and outdoor storage of cooking oils.
901.4.6 NEW SECTION. Pump and Riser Room Size — Establishes new requirements to ensure
rooms housing fire protection system risers or fire pumps and their components have
adequate space to facilitate their maintenance.
901.9 NEW SECTION. Discontinuation or Change of Service — Requires the business
providing the fire protection monitoring service to provide written notification to the fire
code official upon termination of monitoring services.
907.1.4 NEW AMENDMENTS. Fire Alarm Control Panels and Fire Alarm Annunciator
Panels — Outlines requirements regarding the number, type, security features and
mounting restrictions of fire alarm control and annunciator panels.
907.6.5 REVISED AMENDMENT. Monitoring — Supervisory alarm conditions are no longer
required to be reported to the Emergency Communications Center.
908.7 NEW SECTION. Carbon Monoxide Alarms — Carbon monoxide alarms are now
required in Group R and I occupancies with fuel - burning appliances or attached garages
in new and existing buildings.
1005.1 REVISED SECTION. Minimum Required Egress Width — The allowance for a
reduction in the minimum required calculated means of egress width due to the presence
of an automatic sprinkler system has been reestablished.
1011.2 NEW SECTION. Floor —Level Exit Signs in Group R -I — Low -level exit signs must be
provided in the egress system serving guest rooms.
3208.3.1 NEW SECTION. Flue Space Protection — The installation of approved devices
designed to protect rack storage flue spaces from obstruction can be prescribed by the
fire code official.
6104.3.1 NEW SECTION. Installation on Roof Prohibited — The installation of a stationary LP-
gas container on the roof of a building is not allowed.
6109.15 NEW SECTION. LP -Gas Cylinder Exchange for Resale — Requires all cylinder
exchange cabinets, regardless of whether they are manual or automatic, to be designed so
that the cabinet naturally ventilates the stored cylinders and is equipped with a means of
securing cylinders from tampering.
Previously Approved Amendments
The following proposed amendments were presented and adopted during the 2009 fire code adoption
process (December 9, 2009). The amendment language remains consistent for the 2012 IFC; however,
some section numbers have been updated to correlate to the reorganization of the code chapters.
101.1 Insert: Iowa City, Iowa
102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-
298 located on a floor other than the level of exit discharge and with an ABDL shall
comply with Section 903.2.1.2 by July 1, 2013.
B. B Occupancies that existed prior to August 1, 2007 located on a floor other than
the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by
July 1, 2013.
C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of
100 -298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a
change in business ownership, defined as the sale, transfer, or assignment of any legal
or equitable ownership interest, except that the owner may show to the building
official's satisfaction that said change in ownership is one of form and not substance.
104.1.1 Add a new section to read as follows: The code official and members of the fire
prevention bureau shall have the powers of a peace officer in performing their duties
under this Code.
104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such
members of the Fire Department as fire /police investigators upon being certified by the
Iowa Law Enforcement Academy. Fire /police investigators shall have the powers of a
peace officer in performing their duties under this Code, including full powers of arrest
4
to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding
his/her status as a peace officer, a fire /police investigator shall be subject to the rules and
regulations of the Iowa City Fire Department for all purposes and shall perform such
functions as the Fire Chief shall assign.
104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or
portion thereof which has or is a fire, life safety or health hazard.
105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days
prior to the event requiring a permit.
108 Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code.
109.4 Delete the section and replace with: Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of the
fire code official, or of a permit or certificate used under provisions of this code, shall be
guilty of a simple misdemeanor or municipal infraction, as prescribed in 1 -4 -21). Each
day that a violation continues after due notice has been served shall be deemed a separate
offense.
111.4 Delete the section and replace with: No person shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition
202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the
Fire Department, the Fire Marshal, or the Chief's authorized representative.
202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS
CENTER. The Johnson County Joint Emergency Communications Center.
202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9-
4-13 for additional rules and regulations.
202 Delete the existing R -4 definition and substitute the following: R -4 Residential
occupancies shall include buildings arranged for occupancy as residential care /assisted
living facilities including more than five but not more than 16 occupants, excluding staff.
Group R -4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R -3, except as otherwise provided for in that
code.
307 See also 6 -6 of this Code.
307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric conditions or
local circumstances make such fires hazardous shall be prohibited.
307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain
any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire
code official.
307.3 Delete the section and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department
of any burning that creates or adds to a hazardous or objectionable situation.
315.3 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental
storage in any other area of the building does not constitute a hazard.
401.9 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting
unwanted fire, all building occupants shall promptly evacuate the building.
Exception: When the emergency evacuation plan, as approved by the fire code official,
does not require the immediate total evacuation of the building.
402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd
management meshes the design features of a facility, the established operating features
of that facility, and an understanding of the occupants' expected natural behavior in that
facility for a specific type of event.
403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2
occupancies shall be provided with a minimum of one (1) trained crowd manager
anytime occupancy reaches 50 or more. Where the occupant load exceeds 250,
additional trained crowd managers shall be provided at a ratio of one (1) crowd manager
for every 250 occupants. The crowd manager shall annually receive training approved
by the fire code official in crowd management techniques.
405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa.
Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once
per academic semester.
503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be
constructed of Portland cement concrete conforming to the specifications of the Iowa
Department of Transportation C -3 or M -3 mixes. The concrete access road shall be a
minimum of 7 inches thick over compacted soil.
505.1 Delete the section and replace with: New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a
minimum stroke width of 0.5 inch. From 100 -199 ft from the street the number shall be
a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from
the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5
inches. For each additional 100 ft from the street, the number shall increase by an
additional 2 inches in height. Measurements to determine the minimum number size
shall be measured from the approved address location to the center line of the street for
which the premises is addressed. Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means
shall be used to identify the structure.
506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be
installed in an approved location on all new construction.
Exceptions: Group R -3 and unsecured R -2 occupancies.
507.5.1 Delete exceptions 1 & 2.
510.1 Delete exception 1.
605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical
power and lighting installations is allowed for a period not to exceed 90 days for holiday
decorative lighting, carnivals and similar purposes. Temporary wiring methods shall
meet the applicable provisions of the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed
during periods of construction, remodeling, repair or demolition of buildings, structures,
equipment or similar activities. Temporary wiring methods shall meet the applicable
provisions of the Iowa City Electrical Code.
605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters
shall be fully enclosed space heaters that by design have no external surfaces that reach
temperatures capable of igniting materials placed against the surface.
804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings
shall be maintained in accordance with the conditions of original approval. Any change
to the interior finish that is regulated by the provisions of this code or the building code
shall be made in accordance with all applicable requirements.
806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut
trees and natural decorative vegetation used in buildings open to the general public shall
be properly treated with an approved flame retardant.
806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be
prohibited in Group A, B, E, I -1, I -2, I -3, I -4, M, R- 1, and R -4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in
Groups A, B, E, M and R -1.
807.4.3.1 Delete exceptions 1 & 2.
807.4.4.1 Delete exceptions 1 & 2.
901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working
plans submitted to the fire department for water based fire protection systems shall be
stamped and approved by a qualified person to be in compliance with applicable NFPA
standards and the Iowa City Fire Code. Any changes to the working plans shall be
approved by a qualified person. A qualified person shall have a minimum National
Institute for Certification in Engineering Technologies [NICET] Level III certification
for Automatic Sprinkler System Layout OR be a licensed engineer with experience in
life safety system design. Other qualifications may be approved by the code official.
901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to
the fire department by a qualified person for fire alarm systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and
the Iowa City Fire Code. Any changes to the working plans shall be approved by a
qualified person. A qualified person shall have a minimum National Institute for
Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm
Systems OR be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the code official.
903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler
systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is
greater) above static pressure in the fire protection system hydraulic calculations.
903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one
of the following conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existin Group A -2 Occupancies and Group B Occupancies that existed prior to
August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2
occupancy if one of the following conditions exists:
1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other
than the level of exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and
which have an ABDL; or
4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and
are not regulated in B 1 or B2 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of
any legal or equitable ownership interest, except that the owner may show to the building
official's satisfaction that said change in ownership is one of form and not substance.
903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be provided
throughout buildings and portions thereof used as new Group B occupancies with an
ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a
floor other than the level of exit discharge. The automatic sprinkler system shall be
provided throughout the floor area where the new Group B occupancy with an ABDL or
where the group B occupancy with a new ABDL is located and in all floors between the
Group B occupancy and the level of exit discharge.
903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler
system shall be installed throughout all fire areas containing an ambulatory care facility
and all floors between the ambulatory care facility and the level of exit discharge serving
such a facility.
903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe
device shall be mounted directly above the fire department connection between seven (7)
and ten (10) feet in height above grade. The water -flow alarm device shall be activated
by water flow equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Approved and supervised audible visual notification appliances
shall be installed on each level of the interior of the building as required by the fire code
official and NFPA 72.
903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor. The location of
sprinkler control valves must be approved by the fire code official.
906.1 Delete the exception without substitution.
906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any
required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A,
10 -B C.
907.2 Delete the section and replace with: Where required —new buildings and structures. An
approved and addressable fire alarm system installed in accordance with the provisions
of this code and NFPA 72 shall be provided in new buildings and structures in
accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in
accordance with 907.5, unless other requirements are provided by another section of this
code.
A minimum of one manual fire alarm box shall be provided in an approved location to
initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or
water -flow detection devices. Where other sections of this code allow elimination of fire
alarm boxes due to sprinklers, a single fire alarm box shall be installed.
EXCEPTION:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator
recall control and supervisory service.
907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire
alarm boxes are not required where the building is equipped throughout with an
automatic sprinkler system and the alarm notification appliances will activate upon
sprinkler water flow.
2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2
occupancies with occupant loads of 200 or more. Activation of the fire alarm shall
additionally cause:
a. Illumination of the protected premises to not less than 10 foot - candles over
the area of the room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically
stop.
907.2.3 Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
907.2.3 Modify by adding a 4th exception as follows:
4. Day care occupancies classified as Group E Occupancy shall not require a monitored
fire alarm system unless required elsewhere in the code.
907.2.9.1 Delete exception 2 without substitution.
9
907.2.11.2 Modify by adding a fourth location requirement as follows:
4) Supervised smoke alarms shall be installed in all common corridors and at the top and
bottom of all stairway enclosures in Groups R -2, R -4 and I -1 occupancies. In corridors,
detectors shall be located within fifteen (15) feet of the end of the corridor and in such a
way that one detector is located for each thirty (30) feet of corridor length or spaced as
allowed by the code.
907.2.13.2 Delete the section without substitution.
907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the
code official manual fire alarm boxes may be used to cause false fire alarms, the code
official is authorized to modify the requirements for manual fire alarm boxes.
907.6.3 Modify by deleting the exception and inserting in lieu thereof. Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide
a sprinkler control valve and waterflow device for each normally occupied floor.
907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or
annunciator panels shall have all zones and address points plainly and permanently
labeled as to their location on the outside of the panel or on an easily readable map of the
building.
907.6.5 Add to the end of the section as follows: Each address point identification shall have an
alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be
reported to the Emergency Communications Center upon activation of alarm conditions
as specified by the fire code official. Supervisory alarm conditions are required to be
reported to the fire code official by an approved manner.
910.1 Delete exception 2 without substitution.
910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings
provided with an approved automatic sprinkler system, smoke and heat vents shall be
designed to operate automatically by actuation of a heat - responsive device rated at least
100 degrees F (38 degrees C) above the operating temperature of the sprinkler.
Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1.
910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors having operating characteristics equivalent to
those described in Section 910.3.2. Individual manual controls for each fan unit shall
also be provided.
912.7 Add a section to read as follows: Size. Minimum fire department connection size shall
be 2 '/2" National Standard Thread.
1028.2 Add the following exception:
EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that
accommodates not less than two- thirds of the total occupant load.
1029.1 Modify by deleting exceptions 1 and 3.
3206.7 Modify by deleting footnote "J" from TABLE 3206.2.
10
5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with
the requirements of the Iowa Right to Know law.
5601.1.3 Delete exception 4 and insert in lieu thereof. The possession, storage, sale, handling and
use of gold star producing sparklers on wires which contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in
diameter, toy snakes which contain no mercury or caps used in cap pistols.
5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage
tanks of 276 gallons capacity or more, the minimum distance between such aboveground
tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground
tank is located in an approved vault, the minimum separation distance from a Residential
Zone boundary may be reduced to no less than 50 feet.
5704.2.11.2 Add a #4 to the end of the section to read as follows:
4) A minimum distance of ten (10) feet shall be maintained between underground tanks
and any Residential Zone boundary.
5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards. Existing above-
ground tank installations, even if previously approved, that are determined to constitute a
hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be
removed as required by the fire code official and in accordance with this code.
5705.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group -E occupancies.
5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of buildings is
prohibited in the entire City of Iowa City, Iowa.
Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief.
5706.2.4.4. The storage of Class I and Class II liquids in above - ground tanks is prohibited in the
entire City of Iowa City, Iowa.
Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief.
6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa.
Exception: Zones 11 &2, CI 1 and /or as approved by the Fire Chief.
2012 International Fire Code Errata
(Portions of text and tables not shown are unaffected by the errata)
13' PRINTING (8- 30 -12)
CHAPTER 9
FIRE PROTECTION SYSTEMS
903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1; unless
otherwise permitted by Sections 903.3.1.2 of and 903.3.1.3 and other chapters of this code, as applicable.
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section
907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more.
Group A occupancies not separated from one another in accordance with Section 797:39 707.3.10 of the International
Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E
occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E
occupancy.
Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an
automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification
appliances will activate throughout the notification zones upon sprinkler water flow.
907.2.6.2 Group 1 -2. An automatic smoke detection system shall be installed in corridors in nursing homes, long -term
care facilities, detoxification facilities and spaces permitted to be open to the corridors by Section 407.2 of the
Intemational Building Code. The system shall be activated in accordance with Section 997-5 907.4. Hospitals shall be
equipped with smoke detection as required in Section 407 of the Intemational Building Code.
Exceptions: (1 and 2 — No change)
907.4.2 Manual fire alarm boxes. Where a manual fire alarm system is required by another section of this code, it shall
be activated by fire alarm boxes installed in accordance with Sections 907.4.2.1 through 907.4.2.5 907.4.2.6.
909.5.2 Opening protection. Openings in smoke barriers shall be protected by automatic - closing devices actuated by
the required controls for the mechanical smoke control system. Door openings shall be protected by, fire door assemblies
complying with Section 716.5.3 of the Intemational Building Code.
Exceptions:
1. Passive smoke control systems with automatic - closing devices actuated by spot -type smoke detectors listed
for releasing service installed in accordance with Section 997-19 907.3 .
2. through 5. (No change)
TABLE 910.3
REQUIREMENTS FOR DRAFT CURTAINS AND SMOKE AND HEAT VENTSa
(No changes to body of table)
a. Additional requirements for rack storage heights in excess of those indicated shall be in accordance with Chapter 23
32. For solid -piled storage heights in excess of those indicated, an approved engineered design shall be used.
b. through d. (No changes)
2012 International Code Council- Chapter 9 -First Printing
2012 INTERNATIONAL FIRE CODE
ERRATA
18t PRINTING (Updated June 6, 2011)
CHAPTER 9
FIRE PROTECTION SYSTEMS
901.4.3 Fire areas. Where buildings, or portions thereof, are divided into fire areas so as not to exceed
the limits established for requiring a fire protection system in accordance with this chapter, such fire areas
shall be separated by fire barriers constructed in accordance with Section 707 of the International
Building Code or horizontal assemblies constructed in accordance with Section 711 of the International
Building Code, or both, having a fire- resistance rating of not less than that determined in accordance with
Section X7.39 707.3.10 of the International Building Code.
Insert.in i6ection 910.3:'
91,0.3.1 Dei'll _smoke and heat vents shall,be lister! and labeled to indicate compliance with UL' 793.
Exception: Gravity - operated drop -out vents complying with Section 910.3'.11.
c�
_ r
Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 6240 n
ORDINANCE NO. - -, t
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND .�,,�O'TEC;IONJ AM
ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO iQ- UL�I E
GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE ,�,... t� ExpaL.OSI
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOL SUBUANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROFeRTY IN
THE OCCUPANCY OF UILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING
FOR THE ISSUANCE O ERMITS.
NOW, THEREFORE, IT ORDAINED BY THE CITY CIUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. Section 1, entitled, "Fir Code Adopted," is hereby d eted and the following new Section 1 is
inserted in lieu thereof:
That a certain document, one ( copy of which is on file n the office of the City Clerk of the City of
Iowa City, being marked and designat d as the International re Code, 2012 edition, including errata and
Appendix Chapters B, C, D, E, F, G, H, and I as published y the International Code Council, be and is
hereby adopted as the Fire Code of the ity of Iowa City, i the State of Iowa regulating and governing
the safeguarding of life and property from a and explosi n hazards arising from the storage, handling
and use of hazardous substances, materia and devic s, and from conditions hazardous to life or
property in the occupancy of buildings and pr ises as herein provided, providing for the issuance of
permits and each, and all of the regulations, pro ions, enalties, conditions and terms of said Fire Code
on file in the office of the City Clerk are hereby ref red , adopted and made a part hereof, as if fully set
out in this ordinance, with the additions, insertions, d letions and changes, prescribed in the following
sections of this ordinance.
2. Section 2, entitled "Amendments to Fire 1
Section 2 is inserted in lieu thereof:
That the following sections are hereby revised:
Section 101.1 Insert: Iowa City, Iowa
" 4 deleted in its entirety and the following new
Section 102.1 Modify by adding a fifth applic bility requirement the end as follows:
5. A. A. A -2 Occupancies that exist/ylegal t August 1, 2007 wit an occupant load of 50 -298 located
on a floor other than the level of exit dand with an ABDL shdq comply with Section 903.2.1.2 by
July 1, 2013. '\,
B. B Occupancies that existed prigust 1, 2007 located on a floor other than the level of exit
discharge and with an ABDL shall comSection 903.2.1.2 by July 1, ,013.
C. All A -2 Occupancies that existe August 1, 2007 with an occ' ant load of 100 -298 with an
ABDL shall comply with Section 903.2.vided that there is a change in usiness ownership, defined
as the sale, transfer, or assignment ogal or equitable ownership inter st, except that the owner
may show to the building official's san that said change in ownershi is one of form and not
substance.
Section 104.1.1 Add a new se ion to read as follows: The code official and'.members of the fire
prevention bureau shall have the p wers of a peace officer in performing their duties under this Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate
such members of the Fire Department as fire /police investigators upon being certified'tby the Iowa Law
Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Ordinance No.
Page 2 a
C)
N
Section 104.12 Add a new section to read as follows: The code official is aalAzed:t ord r an
operation or use stopped or the evacuation of any premises, building, or vehicle or pq n thereof Wqh
has or is a fire, life safety or health hazard.
Section 105.2 Add a sentence to the end of the section to read as follows;.�pplicaon for an
operational permit shall be submitted with all required information not less than 14 days prior the event
requiring a permit. j
Section 106.2 Add sentence to the end of the section to read as follows: he fire code official at the
official's sole discretion ay send plans to a qualified agency for review. he fire code official shall
designate the plans revi agency. The applicant shall pay all fees asso sated with the plan review,
directly to the outside agen .
Section 108. Delete in its eNirety and insert in lieu thereof: See Title 17/Chapter 12 of this Code.
Section 109.4 Delete the sectiN and replace with: Persons who shat violate a provision of this code
or shall fail to comply with any of t requirements thereof or who shal erect, install, alter, repair or do
work in violation of the approved co struction documents or directiv of the fire code official, or of a
permit or certificate used under prove 'ons of this code, shall be g ilty of a simple misdemeanor or
municipal infraction, as prescribed in 1- -2D. Each day that a viola ion continues after due notice has
been served shall be deemed a separate ense.
Section 111.4 Delete the section and re ace with: No person/shall continue any work after having
been served with a stop work order, except s h work as that peon is directed to perform to remove a
violation or unsafe condition
Section 202 Add a new definition to read as Ilows: COD OFFICIAL. The Chief Officer of the Fire
Department, the Fire Marshal, or the Chief's authori ed repres ntative.
Section 202 Add anew definition to read as follo s: E ERGENCY COMMUNICATIONS CENTER.
The Johnson County Joint Emergency Communications a er.
Section 202 Add a sentence to the end of FIRE LAN definition to read as follows: See City Code 9-
4-13 for additional rules and regulations.
Section 202 Delete the existing R -4 definition and st bstitute the following: R-4 Residential
occupancies shall include buildings arranged for oc pancy a� residential care /assisted living facilities
including more than five but not more than 16 occup ts, excludi staff.
Group R -4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R -3, xcept as othe !se provided for in that code.
Section 307 See also 6 -6 of this Code.
Section 307.1.1 Delete the section and re ace with: Prohibited bur�ing. Burning that is offensive or
objectionable because of smoke or odor ems ions or when atmospheric conditions or local
circumstances make such fires hazardous s all be prohibited.
Section 307.1.2 Add a new section to ead as follows: Hours of operate n. A person shall not
maintain any outdoor burning from 11 P7. to 7 a.m. unless permitted and a proved by the fire code
official.
Section 307.3 Delete the sectiory'and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department of any burning
that creates or adds to a hazardous or objectionable situation.
Ordinance No.
Page 3
Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental storage in any
other area of the building does not constitute a hazard.
Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all
building occupants shall promptly evacuate the building.
Exception: When the emergency evacuation plan, as appro,ied by the fire code official, does not
7
require the immediate total evacuation of the building.
Section 402.1 Ad new definition to read as follows: CRO D MANAGEMENT. Crowd
management meshes th design features of a facility, the esta fished operating features of that facility,
and an understanding of occupants' expected natural beh vior in that facility for a specific type of
event.
Section 403.4 Add anew se ion to read as follows: A Occupancy Crowd Managers. Group A -2
occupancies shall be provided wit minimum of one (1) ained crowd manager anytime occupancy
reaches 50 or more. Where the occ ant load exceeds 50, additional trained crowd managers shall be
provided at a ratio of one (1) crowd m ager for every 2 0 occupants. The crowd manager shall annually
receive training approved by the fire co official in cro d management techniques.
Section 405.2 Add to the end of th section fis follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accords ce witp Section 100.31 of the Code of Iowa. Fire drills in
Group R, Division 2, Fraternities and Sororitiek shap be conducted once per academic semester.
Section 503.2.9 Add a new section to read
be constructed of Portland cement concrete c
r= nsportation C -3 or M -3 mixes. The concre
compacted soil.
Section 505.1 Delete the section and
address numbers, building numbers or ar
legible and visible from the street or road
Dws: Thickness. Fire apparatus access roads shall
ing to the specifications of the Iowa Department of
:ss road shall be a minimum of 7 inches thick over
e with: New and existing buildings shall have approved
buildin identification placed in a position that is plainly
g the pr erty. These numbers shall contrast with their
background. Address numbers shall be rabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches high with a minimu stroke width of inch. From 100 -199 ft from the street the
number shall be a minimum of 6 inches igh with a minimum troke of 0.5 inches. From 200 -299 ft from
the street the number shall be a minimu of 8 inches high with minimum stroke of 0.5 inches. For each
additional 100 ft from the street, th number shall increas by an additional 2 inches in height.
Measurements to determine the mini um number size shall be easured from the approved address
location to the center line of the stre for which the premises is a dressed. Where access is by means
of a private road and the building c not be viewed from the public ay, a monument, pole or other sign
or means shall be used to identify t e structure.
Section 506.1 Add a sentenc to the end of the section to read as f Ilows: An approved key box shall
be installed in an approved loca on on all new construction.
Exceptions: Group /ete unsecured R -2 occupancies.
Section 507.5.1 Deptions 1 & 2.
Section 507.5.1.1 he section and replace wi th: Hydrant for fire sprin and �tand iR systems. A fire hydran located not more than 100 feet from a fire sprinkler c�sfi�ndlaipe sy w
connection and on the'same side of the fire department access as the connection or— bye the
code official. rn
EMT
T
Section 510.1 Delete exception 1. tv
co
Ordinance No.
Page 4
Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical
power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative
lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of
the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space
heaters shall be fully enclosed space heaters that by design h ve no external surfaces that reach
temperatures capable of igniting materials placed against the surfac .
Section 804.5 Add a n\retardant.
to read as follows: Mainte ance. The interior finish of buildings
shall be maintained in accith the conditions of origina approval. Any change to the interior
finish that is regulated by tns of this code or the buil ing code shall be made in accordance
with all applicable requirem
Section 806.1 Add a sth end of the section t read as follows: Natural or resin - bearing
cut trees and natural decoratio used in buildings pen to the general public shall be properly
treated with an approved flant.
Section 806.1.1 Delete the section and rep ce with
be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1-4, M, -1, a
Exception: Trees located in areas protected b an
accordance with Section 903.3.1.1 or 903.3.1.2 shall t
Section 807.4.3.1 Delete exceptions 1 & 2.
Section 807.4.4.1 Delete exceptions 1 & 2.
N
estricted occupancies. Natural cuilrees shall
d R -4 occupancies. D q
approved automatic sprinkle"nmlerrfii stalled
be prohibited in Groups A, B,- ,M a4R -1.
-- s
--,E„ n
Section 901.2 (a) Add a new sectio/nea as follows: \the sed fire protection system. Working
plans submitted to the fire departmenr based fiion systems shall be stamped and
approved by a qualified person to be nce with aNFPA standards and the Iowa City
Fire Code. Any changes to the working all be appro qualified person. A qualified person
shall have a minimum National Institutification in ring Technologies [NICET] Level III
certification for Automatic Sprinkler Sout OR be ed engineer with experience in life
safety system design. Other qualificatio approved de official.
Section 901.2 (b) Add a new se ion to r ead as follows: Fire alarm systems. Working plans submitted
to the fire department by a qualifi ce person for fire alarm systems sh I be stamped and approved by a
qualified person to be in compli with applicable NFPA standards d the Iowa City Fire Code. Any
changes to the working plans hall be approved by a qualified person. qualified person shall have a
minimum National Institute f Certification in Engineering Technologies [ ICET] Level III certification for
Fire Alarm Systems OR a licensed engineer with experience in lif safety system design. Other
qualifications may be ap oved by the code official. 1
Section 903.1.2,ddd a new section to read as follows: Water supply.safe y margin. Automatic
sprinkler systems shall be designed with a minimum of 10% or 5 psi safety m rgin (whichever is greater)
above static pressure in the fire protection system hydraulic calculations.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
Ordinance No.
Page 5
B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An
automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following
conditions exists:
1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of
exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which have an
ABDL; or
4) Group A -2 Oc upancies with occupant load of 100 or more that have an ABDL and are not
regulated in B1 or 2 above, provided:
There is a cha a in business ownership, defined as the sale, tr nn fer, or assignment of any
legal or equitable ownership interest, except that the owner may s ow to the building official's
satisfaction that sai change in ownership is one of form and not su tance.
Section 903.2.1.6 Add a w Section to read as follows: An auto atic sprinkler system shall be
provided throughout buildings a portions thereof used as new Group occupancies with an ABDL or
existing group B occupancy with a ew (not a renewal) ABDL located o a floor other than the level of exit
discharge. The automatic sprinkle system shall be provided throuqAout the floor area where the new
Group B occupancy with an ABDL or here the group B occupancy ith a new ABDL is located and in all
floors between the Group B occupancyN@nd the level of exit dischar e.
Section 903.2.2 Delete the section an, replace with: Ambulat ry care facilities. An automatic sprinkler
system shall be installed throughout all iN areas containing fin ambulatory care facility and all floors
between the ambulatory care facility and thel@vel of exit disch rge serving such a facility.
Section 903.4.2 Delete the section and repla a with: rms. An approved weatherproof horn /strobe
device shall be mounted directly above the fire part nt connection between seven (7) and ten (10)
feet in height above grade. The water -flow alarm d ice shall be activated by water flow equivalent to the
flow of a single sprinkler of the smallest orifice size ' stalled in the system. Approved and supervised
audible visual notification appliances shall be instal on each level of the interior of the building as
required by the fire code official and NFPA 72.
Section 903.7 Add a new section to read as Ilows: nes. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or FPA 13R a d shall provide a sprinkler control valve and
waterflow device for each normally occupied/ floor. The to ation of sprinkler control valves must be
approved by the fire code official.
Section 906.1 Delete the exception without substitution.
Section 906.3 Add a sentence to thy€ end of the section to read * follows: The minimum rating of any
required portable fire extinguisher for ¢'lass A, Class B, or Class C hard shall be 2 -A, 10 -B C.
Section 907.1.4 Add a news tion to read as follows: Fire alar control panels and Fire alarm
annunciator panels. Installation f fire alarm control panels and fire ala annunciator panels shall be
installed in accordance with sec ' n 907.1.4.1 through 907.1.4.5.
Section 907.1./alted ew section to read as follows: Fire Alarm Pan I Height: Installatic� of fire
alarm panels shall 6 feet in height measured from the floor to the p of thganel. ception:
Panel height may y the code official. =Section 907.1.ne w section to read as follows: Number of Fire armor troE 'Ranels -iw
Buildings: Only on alarm control panel shall be allowed per building and sha i$i k ifl`the arar�"°�fr
until the system i reset and shall not be canceled by the operation of an audible — alr'len *g sv.
This control panoshall only receive alarm signals from fire protection equipment.xM ° !
O
��
.-0
Ordinance No.
Page 6
Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System
Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code
and amendments may be permitted by approval of the fire code official. The fire /security panel shall be
capable of providing a signal that can differentiate between the fire and security alarm.
Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire
alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an
alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited.
Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annun iator Panels: The fire code
official can require the addition of fire alarm annunciator panels based on the size of building and access
to the building. These panels,shall meet the requirements of Sections 907.1. and 907.2.
Section 907.2 Delete the sec ' n and replace with: Where required —ne buildings and structures. An
approved and addressable fire arm system installed in accordance with a provisions of this code and
NFPA 72 shall be provided in ne \an s and structures in accordanc with Sections 907.2.1 through
907.2.23 and provide occupant n in accordance with 907.5 unless other requirements are
provided by another section of thi
A minimum of one manual firx shall be provided in an pproved location to initiate a f ire
alarm signal for fire alarm systeing automatic fire detect rs or water -flow detection devices.
Where other sections of this colimination of fire alarm xes due to sprinklers, a single fire
alarm box shall be installed.
EXCEPTION:
1. The manual fire alarm box ir for fire alarm sys ems dedicated to elevator recall control
and supervisory service.
Section 907.2.1 Delete the exception in Secti 907.2.1
following exceptions:
EXCEPTION:
1) Except for Group A -2 occupancies with occupa
are not required where the building is equipped
and the alarm notification appliances will activa
2) Group A -2. An automatic /manual fire alarm sy
with occupant loads of 200 or more. Activation
a. Illumination of the protected premises
the room at a height of 30 inches ab
b. All conflicting or confusing sounds d
Section 907.2.3 Modify by adding a senten
New and existing educational occupancies sha
Section 907.2.3 Modify by adding a 4tn
4. Day care occupancies classified as Groi
unless required elsewhere in the code.
its entirety and insert in lieu thereof the
to ds of 200 or more, manual fire alarm boxes
t ughout with an automatic sprinkler system
to on sprinkler water flow.
s m all be installed in Group A -2 occupancies
f the re alarm shall additionally cause:
I not le than 10 foot - candles over the area of
e the floor, and
visual distr ction to automatically stop.
the end of the fir paragraph as follows:
e a monitored firel@larm system.
sption as follows:
Occupancy shall not requike a monitored fire alarm system
Section 907.2.9.1 Delete exception ;'without substitution.
Section 907.2.11.2 Modify by a ding a fourth location requirement as follow
4) Supervised smoke alarms sh be installed in all common corridors and at tPiv top and bwtom of all
stairway enclosures in Group -2, R -4 and 1 -1 occupancies. In corridors, detects shale located
within fifteen (15) feet of th end of the corridor and in such a way that one detectgosloca#od for -each
thirty (30) feet of corridor Ie ngth or spaced as allowed by the code.''-= -�`"�]
Section 907.2.13.2 (Delete the section without substitution.
w
ko
Ordinance No.
Page 7
Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of
the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor.
Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm
and /or annunciator p els shall have all zones and address points plainly and permanently labeled as to
their location on the ou ide of the panel or on an easily readable map of a building.
Section 907.6.5 Add t the end of the section as follows: Each ,/s ss point identification shall have
an alpha /numeric descripto location. Alpha /numeric descriptor locatio s are required to be reported to
the Emergency Communicati s Center upon activation of alarm con itions as specified by the fire code
official. Supervisory alarm con itions are required to be reported to a fire code official by an approved
manner.
Section 910.1 Delete exception Nwithout substitution.
Section 910.3.2.2 Delete section nd replace with: rinklered buildings. Where installed in
buildings provided with an approved auto atic sprinkler syst , smoke and heat vents shall be designed
to operate automatically by actuation of Vtheprinkl nsi device rated at least 100 degrees F (38
degrees C) above the operating temperatunkl Exception: Gravity- operated drop - ying wi th Section 910.3.2.1.
Section 910.4.3 Delete section and repleration. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors hing characteristics equivalent to those described in
Section 910.3.2. Individual manual controlunit shall also be provided.
Section 912.7 Add a section to read as follow : Size. Minimum fire department connection size shall
be 2'/z" National Standard Thread.
Section 1028.2 Add the following excepti
EXCEPTION: The main entrance /exit of -2 occupancies s II be of a width that �Somm0gates not
less than two- thirds of the total occupant to d. »tom =
Section 1029.1 Modify by deleting a ceptions 1 and 3.
Section 3206.7 Modify by deletin footnote "J" from TABLE 3206. ° +01:
Section 5003.5 Add a sentenc to the end of the section to read a follows: Sigi shall rAo c y
with the requirements of the Iowa ight to Know law. w
k"D
Section 5601.1.3 Delete xception 4 and insert in lieu thereof: Th possession, storage, sale,
handling and use of gold st producing sparklers on wires which contain n magnesium or chlorate or
Perchlorate, flitter sparkler in paper tubes that do not exceed one - eighth of an inch in diameter, toy
snakes which contain n ercury or caps used in cap pistols.
Section 5704,P Add a sentence to the end of the section to read as follows: For aboveground
storage tanks o 76 gallons capacity or more, the minimum distance between such aboveground tanks
and any Resi ntial Zone boundary must be at least 100 feet. If the aboveground tank is located in an
approved va It, the minimum separation distance from a Residential Zone boundary may be reduced to
no less than 50 feet.
Section 5704.2.11.2 Add a #4 to the end of the section to read as follows:
Ordinance No.
Page 8
4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any
Residential Zone boundary.
Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards.
Existing above - ground tank installations, even if previously approved, that are determined to constitute a
hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as
required by the fire code official and in accordance with this code.
Section 5705.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group -E occupancies.
3. Section 3. That the geographic limits referred to in /ireChiief. ections of the 2012 International Fire
Code are hereby establishe as follows:
Section 5704.2.9.6.1. The storage of Class I and Clasds in above - ground tanks outside of
buildings is prohibited in the ent a City of Iowa City, Iowa.
Exception: Zones 11 &2, CI 1 nd /or as approved by the
Section 5706.2.4.4. The stora of Class I and Class I liquids in above - ground tanks is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones 11&2, Cl 1 and/ as approved by he Fire Chief.
Section 6104.2. The storage of liqu ied petrole. gas is prohibited in the entire City of Iowa City,
Iowa.
Exception: Zones 1 1 &2, CI 1 and /or as prove by the Fire Chief.
SECTION 11. REPEALER. All ordinances a d arts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any sectio , pr vision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication s II not ffect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged nvalid or nconstitutional.
SECTION IV. EFFECTIVE DATE. This rdinance sha be in full force and effect January 1, 2013, after
final passage, approval and publication, as rovided by law.
Passed and approved this day of 2012.
Q n`'
MAYOR
ATTEST:
CITY CLERK w
Approved by:
31-10V
City Attorney's Office
2012 International Fire Code Errata
(Portions of text and tables not shown are unaffected by the errata)
1st PRINTING (8- 30 -12)
CHAPTER 9
FIRE PROTECTION SYSTEMS
903.3.1 Standards. Sprinkler systems shall be designed and installed i accordance with Section 903.3.1.1; unless
P 9
otherwise permitted by Section 03.3.1.2 eF and 903.3.1.3 and other qhapters of this code, as applicable.
907.2.1 Group A. A manual fire alar system that activates the occu nt notification system in accordance with Section
907.5 shall be installed in Group A occ ancies where the occupant I ad due to the assembly occupancy is 300 or more.
Group A occupancies not separated from ne another in accordance/with Section 9 707.3.10 of the International
Building Code shall be considered as a sin occupancy for the pur oses of applying this section. Portions of Group E
occupancies occupied for assembly purpose hall be provided wit a fire alarm system as required for the Group E
occupancy.
Exception: Manual fire alarm boxes are Nt required wh re the building is equipped throughout with an
automatic sprinkler system installed in acc dance with section 903.3.1.1 and the occupant notification
appliances will activate throughout the notifi tion zonelt upon sprinkler water flow.
907.2.6.2 Group 1 -2. An automatic smoke detection sy em s all be installed in corridors in nursing homes, long -term
care facilities, detoxification facilities and spaces permitt d t lb open to the corridors by Section 407.2 of the
Intemational Building Code. The system shall be activate i accordance with Section 99�a 907.4. Hospitals shall be
equipped with smoke detection as required in Section 407 f the International Building Code.
Exceptions: (1 and 2 — No change)
907.4.2 Manual fire alarm boxes. Where a manual fir alarm s stem is required by another section of this code, it shall
be activated by fire alarm boxes installed in accordanc with S qns 907.4.2.1 through 907.4:2.5 907.4.2.6.
909.5.2 Opening protection. Openings in smoke baftiers shall be 0
the required controls for the mechanical smoke con of system. Door
complying with Section 716.5.3 of the International)iBuilding Code.
Exceptions:
1. Passive smoke control systems with/automatic-closing devices
for releasing service installed in acco ance with Section 908 !
2. through 5. (No change)
by automatic - closing devices actuated by
s shall be protected by fire door assemblies
by spot -type smoke detectors listed
TABLE 910.3
REQUIREMENTS R DRAFT CURTAINS AND SMOKE [
(No changes to body of table)
a. Additional requirements for rack storage heights in excess of those indicated shall
32. For solid -piled storage height in excess of those indicated, an approved engine(
b. through d. (No changes) /
2012 International Code Council- Chapter 9 -First Printing
HEAT VENTSa
in accordWce wiWChapter 23
1 design §Rall be mod.
LTA
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2012 INTERNATIONAL FIRE CODE
ERRATA
1st PRINTING (Updated June 6, 2011)
CHAPTER 9
FIRE PROTECTION SYSTEMS
901.4.3 Fire areas. Where bpildings, or portions thereof, are dividd into Tith ' areas so as not to exceed
the limits established for requiring a fire protection system in accordlance this chapter, such fire areas
shall be separated by fire ba rs constructed in accordance with Section 7 of the International
Building Code or horizontal ass blies constructed in accordance with Section 711 of the Intemational
Building Code, or both, having a e- resistance rating of not less ,than that determined in accordance with
Section 707.3.9 707.3.10 of the In mational Building Code.
r"
insert in Section 910:3:'
L
910.301. Design. Smoke and heat vents s all be listed and labeled to indicate compliance with UL 793.
910.3.2: Vent operation. Smoke and heat v is shall be capable of 'tieing operated by approved
automatic and manual means. Automatic ope tion of smoke a7,:Ihpat vents shall conform to the
provisions of.Sections 910.3:2.1 through 9103: .3.
910.3.2:1 Gravity- operated drop -ou.t vents. Auto 'atic s ke and heat vents containing,, heat- sensitive .
glazing designed to shrink and drop out of the vent epi g when exposed. to fire shall fully open;within 5
minutes afterthe vent cavity is exposed to a simulate , e, represented by;atcme- temperature gradient
Exception:
�1 IGJ. ! sic 1111 11 j._
............. _........... .
... _.......... ..
wed automatic
in. approved
cation of a heat
-
IV6, QI I IVIGI:IL.'
........................... .
ion 910.3.2.1.
an I.Q. square feet (1.5 m2) with
a total width not exceeding 6'
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Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY
ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND
GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING
FOR THE ISSUANCE OF PERMITS.
NOW, THEREFORE, BE IT ORDAINED Bl( THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is
inserted in lieu thereof:
That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of
Iowa City, being marked and designated as the International Fire Code, 2012 edition, including errata and
Appendix Chapters B, C, D, E, F, G, H, and I as published by the International Code Council, be and is
hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing
the safeguarding of life and property from fire and explosion hazards arising from the storage, handling .
and use of hazardous substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises as herein provided, providing for the issuance of
permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code
on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set
out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following
sections of this ordinance.
2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new
Section 2 is inserted in lieu thereof:
That the following sections are hereby revised:
Section 101.1 Insert: Iowa City, Iowa
Section 102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50 -298 located
on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by
July 1, 2013.
B. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit
discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013.
C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100 -298 with an
ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined
as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner
may show to the building official's satisfaction that said change in ownership is one of form and not
substance.
Section 104.1.1 Add a new section to read as follows: The code official and members of the fire
prevention bureau shall have the powers of a peace officer in performing their duties under this Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate
such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law
Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Ordinance No.
Page 2
Section 104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which
has or is a fire, life safety or health hazard.
Section 105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days prior to the event
requiring a permit.
Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the
official's sole discretion may send plans to a qualified agency for review. The fire code official shall
designate the plans review agency. The applicant shall pay all fees associated with the plan review
directly to the outside agency.
Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code.
Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code
or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do
work in violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or
municipal infraction, as prescribed in 1 -4 -2D. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
Section 111.4 Delete the section and replace with: No person shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition
Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire
Department, the Fire Marshal, or the Chiefs authorized representative.
Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER.
The Johnson County Joint Emergency Communications Center.
Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9-
4-13 for additional rules and regulations.
Section 202 Delete the existing R4 definition and substitute the following: R -4 Residential
occupancies shall include buildings arranged for occupancy as residential care /assisted living facilities
including more than five but not more than 16 occupants, excluding staff.
Group R4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R -3, except as otherwise provided for in that code.
Section 307 See also 6 -6 of this Code.
Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric conditions or local
circumstances make such fires hazardous shall be prohibited.
Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not
maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code
official.
Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department of any burning
that creates or adds to a hazardous or objectionable situation.
Ordinance No.
Page 3
Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental storage in any
other area of the building does not constitute a hazard.
Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all
building occupants shall promptly evacuate the building.
Exception: When the emergency evacuation plan, as approved by the fire code official, does not
require the immediate total evacuation of the building.
Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd
management meshes the design features of a facility, the established operating features of that facility,
and an understanding of the occupants' expected natural behavior in that facility for a specific type of
event.
Section 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2
occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy
reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be
provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually
receive training approved by the fire code official in crowd management techniques.
Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in
Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester.
Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall
be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of
Transportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over
compacted soil.
Section 505.1 Delete the section and replace with: New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100 -199 ft from the street the
number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from
the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each
additional 100 ft from the street, the number shall increase by an additional 2 inches in height.
Measurements to determine the minimum number size shall be measured from the approved address
location to the center line of the street for which the premises is addressed. Where access is by means
of a private road and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure.
Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall
be installed in an approved location on all new construction.
Exceptions: Group R -3 and unsecured R -2 occupancies.
Section 507.5.1 Delete exceptions 1 & 2.
Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe
systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system
connection and on the same side of the fire department access as the connection or as approved by the
code official.
Section 510.1 Delete exception 1.
Ordinance No.
Page 4
Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical
power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative
lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of
the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space
heaters shall be fully enclosed space heaters that by design have no external surfaces that reach
temperatures capable of igniting materials placed against the surface.
Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings
shall be maintained in accordance with the conditions of original approval. Any change to the interior
finish that is regulated by the provisions of this code or the building code shall be made in accordance
with all applicable requirements.
Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing
cut trees and natural decorative vegetation used in buildings open to the general public shall be properly
treated with an approved flame retardant.
Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall
be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1-4, M, R -1, and R -4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1.
Section 807.4.3.1 Delete exceptions 1 & 2.
Section 807.4.4.1 Delete exceptions 1 & 2.
Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working
plans submitted to the fire department for water based fire protection systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City
Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person
shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III
certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life
safety system design. Other qualifications may be approved by the code official.
Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted
to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a
qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any
changes to the working plans shall be approved by a qualified person. A qualified person shall have a
minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for
Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the code official.
Section 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic
sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater)
above static pressure in the fire protection system hydraulic calculations.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
Ordinance No.
Page 5
B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An
automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following
conditions exists:
1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of
exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which have an
ABDL; or
4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not
regulated in 131 or B2 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any
legal or equitable ownership interest, except that the owner may show to the building official's
satisfaction that said change in ownership is one.of form and not substance.
Section 903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be
provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or
existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit
discharge. The automatic sprinkler system shall be provided throughout the floor area where the new
Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all
floors between the Group B occupancy and the level of exit discharge.
Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler
system shall be installed throughout all fire areas containing an ambulatory care facility and all floors
between the ambulatory care facility and the level of exit discharge serving such a facility.
Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn /strobe
device shall be mounted directly above the fire department connection between seven (7) and ten (10)
feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the
flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised
audible visual notification appliances shall be installed on each level of the interior of the building as
required by the fire code official and NFPA 72.
Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and
waterflow device for each normally occupied floor. The location of sprinkler control valves must be
approved by the fire code official.
Section 906.1 Delete the exception without substitution.
Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any
required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -B C.
Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm
annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be
installed in accordance with section 907.1.4.1 through 907.1.4.5.
Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire
alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception:
Panel height may be altered by the code official.
Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in
Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm
until the system is reset and shall not be canceled by the operation of an audible — alarm silencing switch.
This control panel shall only receive alarm signals from fire protection equipment.
Ordinance No.
Page 6
Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System
Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code
and amendments may be permitted by approval of the fire code official. The fire /security panel shall be
capable of providing a signal that can differentiate between the fire and security alarm.
Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire
alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an
alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited.
Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code
official can require the addition of fire alarm annunciator panels based on the size of building and access
to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2.
Section 907.2 Delete the section and replace with: Where required —new buildings and structures. An
approved and addressable fire alarm system installed in accordance with the provisions of this code and
NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through
907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are
provided by another section of this code.
A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire
alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices.
Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire
alarm box shall be installed.
EXCEPTION:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control
and supervisory service.
Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system
and the alarm notification appliances will activate'upon sprinkler water flow.
2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2 occupancies
with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot - candles over the area of
the room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
Section 907.2.3 Modify by adding a 41h exception as follows: .
4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system
unless required elsewhere in the code.
Section 907.2.9.1 Delete exception 2 without substitution.
Section 907.2.11.2 Modify by adding a fourth location requirement as follows:
4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R -2, R-4 and 1 -1 occupancies. In corridors, detectors shall be located
within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each
thirty (30) feet of corridor length or spaced as allowed by the code.
Section 907.2.13.2 Delete the section without substitution.
Ordinance No.
Page 7
Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of
the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor.
Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm
and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to
their location on the outside of the panel or on an easily readable map of the building.
Section 907.6.5 Add to the end of the section as follows: Each address point identification shall have
an alpha /numeric descriptor location. Alpha /numeric descriptor locations are required to be reported to
the Emergency Communications Center upon activation of alarm conditions as specified by the fire code
official. Supervisory alarm conditions are required to be reported to the fire code official by an approved
manner.
Section 910.1 Delete exception 2 without substitution.
Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in
buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38
degrees C) above the operating temperature of the sprinkler.
Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1.
Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors having operating characteristics equivalent to those described in
Section 910.3.2. Individual manual controls for each fan unit shall also be provided.
Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall
be 2 %2" National Standard Thread.
Section 1028.2 Add the following exception:
EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that accommodates not
less than two- thirds of the total occupant load.
Section 1029.1 Modify by deleting exceptions 1 and 3.
Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2.
Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply
with the requirements of the lowa.Right to Know law.
Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale,
handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy
snakes which contain no mercury or caps used in cap pistols.
Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground
storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks
and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an
approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to
no less than 50 feet.
Section 5704.2.11.2 Add a #4 to the end of the section to read as follows:
Ordinance No.
Page 8
4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any
Residential Zone boundary.
Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards.
Existing above - ground tank installations, even if previously approved, that are determined to constitute a
hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as
required by the fire code official and in accordance with this code.
Section 5705.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group -E occupancies.
3. Section 3. That the geographic limits referred to in certain sections of the 2012 International Fire
Code are hereby established as follows:
Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of
buildings is prohibited in the entire City of Iowa City, Iowa.
Exception: Zones 1 1 &2, Cl 1 and /or as approved by the Fire Chief.
Section 5706.2.4.4. The storage of Class 1 and Class II liquids in above - ground tanks is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief.
Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City,
Iowa.
Exception: Zones 1 1 &2, Cl 1 and /or as approved by the Fire Chief.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect January 1, 2013, after
final passage, approval and publication, as provided by law.
Passed and approved this day of 12012.
MAYOR
ATTEST:
CITY CLERK
Approved by:
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/27/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
11
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY,"
CHAPTER 6, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND
RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT ANIMALS IN
SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS.
WHEREAS, the Iowa City Downtown District has requested that dogs be allowed on City Plaza with
certain restrictions;
WHEREAS, City Code section 84-6F prohibits animals in buildings serving foot but not in sidewalk
cafes or outdoor service areas;
WHEREAS, City Code section 10 -9 -21) allows a dog to be off -leash in Thornberry Off -Leash Dog
Park, but the Code has not been amended to include the City's second dog park, Rita's Ranch Dog Park;
and
WHEREAS, it is in the best interest of the City to allow dogs on City Plaza with certain restrictions, to
prohibit animals from being in sidewalk cafes and outdoor services areas, and to allow dogs to be off
leash in all dog parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled
"Prohibitions and Requirements," Subsection D, entitled "Animals at Large Prohibited," Paragraph 1d is
hereby amended by deleting it in its entirety and substituting the following new Paragraph 1d:
It is a dog in a City dog park that has been issued a use permit.
2. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled
"Prohibitions and Requirements," Subsection F, entitled "in Food Establishments," is hereby amended by
deleting it in its entirety and substituting the following new Subsection F:
In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store,
restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared
or dispensed to humans other than the owners thereof, except for animals properly trained and certified to
assist persons with disabilities while such animals are acting in such capacity.
3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6, entitled
"Animals Restricted," is amended by deleting Section 6 in its entirety and substituting the following new
Section 6:
No person shall take, accompany or allow any animal into City Plaza with the following exceptions:
a) an animal permitted in section 84-12 of this code;
b) an animal trained to assist persons with disabilities;
c) an animal securely confined within an animal carrier, kennel, cage, or crate and does not create a
public nuisance; or
d) a dog restrained with a leash no greater than six feet (6') in length and not:
(1) within 15 feet of the concrete border of the playground equipment located south of the public
library;
(2) in a limestone planter;
(3) tethered or tied to any object on public or private property; or
(4) in a sidewalk cafe.
4. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," Subsection D, entitled "Animals,"
Paragraph 3 is hereby amended by deleting Paragraph 3 in its entirety and substituting the following new
Paragraph 3:
This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person
issued a permit as authorized in section 84-12 of this code; or c) a dog in a City dog park that has been
issued a use permit.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2012.
LYMMLOW
ATTEST:
CITY CLERK
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/13/2012
Voteforpassage: AYES: Mims, Payne, Throgmor ton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Vote for passage: AYES: Payne, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS: Throgmorton. ABSENT: None.
Date published
O�
Marian Karr
From: Marian Karr
Sent: Wednesday, November 14, 2012 12:35 PM
To: 'jdswett @aol.com'
Subject: RE: Online Contact Form Submission
Thank you for your comments. I will distribute this information to Council at their November 27 meeting when they will
be considering the ordinance.
Marian K. Karr
City Clerk
- - - -- Original Message---- -
From: jdswett @aol.com [mailto:jdswett @aol.com]
Sent: Wednesday, November 14, 2012 12:04 PM
To: *Contact
Subject: Online Contact Form Submission
From: Keene Swett
Email: jdswett @aol.com
Dogs on Ped Mall.... BAD IDEA!
- email sent from 173.28.213.0
Marian Karr
From: bonnierl @aol.com
Sent: Friday, November 16, 2012 10:34 AM
To: Council; info @downtowniowacity.com
Subject: Oppose dogs on Ped Mall
Dear Councilors and Downtown Association:
The more I imagine the Ped Mall with dogs the more revolting I find it. Even on a leash they will still behave like
dogs. Sniffing or lunging at diners eating in outdoor cafes and on benches. Barking at children in the play area. Tripping
seniors out for a stroll. Growling at one another. Then there is the waste issue. And you cannot control for breed. It
won't just be Yorkies from the Mowen Tower. It will be students with ill trained pit bulls and jumping friendly
labs. Perhaps give the high rise folks a narrow path to walk their dogs to an open street. Let the rest of us enjoy
downtown. Please think this issue through.
Bonnie Love and Wayne Bowman, Iowa City permanent residents
�z
LE
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE
AND SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES, AND
SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR UTILITY ACCOUNTS
AND RAISE RECONNECTION AND CARDING FEES TO REFLECT ACTUAL COSTS INCURRED BY
THE CITY; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL
PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO
HOLD DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS,
CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION
PROCEDURES; DELINQUENT ACCOUNTS, TO ENSURE THE IMPOSITION OF LIENS CONFORMS
TO STATE CODE;
WHEREAS, the City has previously held some protection from loss upon tenant defaults by the City's
opportunity to lien the property in question for most services provided; and
WHEREAS, legislative changes to the State Code now result in greater difficulty for the City in liening
for any such charges; and
WHEREAS, as a result of said legislative change, the City now requires greater protection through
utility deposits, which have remained unchanged since 1997; and
WHEREAS, residential tenant accounts average $59.92 per month, and staff has historically aimed to
set deposits at two months typical use; and
WHEREAS, staff believes that raising the deposit for rental accounts from $80 to $120, and holding
the deposits until the accounts are closed and paid in full will offer some protection against losses; and
WHEREAS, staff wishes to raise the fee for reconnection of disconnected service, and the posting fee
for shutting off water, in order to recoup actual costs incurred by the City to do so.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby
amended by changing the Deposit and delinquency fee for combined city water and /or sanitary sewer
and /or solid waste collection accounts" for "Residential tenant accounts" from "80.00" to "120.00 "; and for
"Commercial account ", deleting the language and replacing it with the following:
An amount equal to an average 2 month billing for commercial service for city water and /or
sanitary sewer service, or $120.00, whichever is greater.
And is further amended by changing the "Reconnection of discontinued service" fee from "$35.00" to
"$45.00" for the "Fee During Normal Working Hours ", and from "$70.00" to "$80.00" for the "Additional
Service Fee After Normal Working Hours ", and by changing the "Posting fee for shutting off water in
collection procedure" from "35.00" to 145.00" for the "Fee During Normal Working Hours ".
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 4, WASTEWATER TREATMENT WORKS USER
CHARGES is hereby amended by changing the "Deposit and delinquency fee for combined city water
and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per
combined residential service for city water and /or sanitary sewer and /or solid waste collection service"
from "80.00" to "120.00 ".
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL is hereby amended by
changing the "Deposit and delinquency fee combined for city water and /or sanitary sewer and /or solid
waste collection accounts" for "Residential tenant account, per combined residential service for city water
and /or sanitary sewer and /or solid waste collection service" from "80.00" to "120.00 ".
TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 5,
ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED is hereby amended by.deleting
paragraph "B." in its entirety and replacing it as follows:
B. Required deposits shall be held until service is terminated and the account closed. At such
time, the amount of the deposit shall be credited to the account or refunded to the account holder
if the account is closed and paid in full.
TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6,
BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, paragraph B.(2) is amended
by deleting it in its entirety and replacing it as follows:
2. For residential rental properties where the charges for service are separately metered and paid
directly by the tenant and when the utility account is in the current tenant's name, liens of the
property shall be pursuant to state code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of , 2012.
MAYOR
ATTEST:
CITY CLERK
Ap roved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/13/2012
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration _ 11/27/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published
U
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS
AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS,"
SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO CHANGE THE
DURATION OF A MOBILE VENDING PERMIT FROM ONE YEAR TO THREE YEARS
AND TO LIMIT THE OWNERSHIP INTEREST TO THREE CARTS.
WHEREAS, regulating the use of public right -of -way by commercial businesses ensures the safe
movement of pedestrians and fair commercial use of the right -of -way;
WHEREAS, section 10 -3 -5 presently provides that the City may issue permits annually for mobile
vending in City Plaza;
WHEREAS, for ease of administration and to align permits on the same three -year cycle as sidewalk
cafes in the street and in planters, the permits for mobile vending should be for three years;
WHEREAS, presently three carts are owned in part by one person; and
WHEREAS, it is in the City's interest to increase the term of a mobile vending permit to three years
and to prohibit a person from having an ownership interest in more than three vending carts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 1 b
in its entirety and by substituting in its place the following new paragraph:
Permits will be issued for three -year periods beginning May 1, 2013 to April 30, 2016. All applications
for mobile- vendor permits must be received by January 31 of the- calendar -year for -which the three =year
permit will be issued. Permits for partial periods may be available as provided in the administrative rules.
2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a
in its entirety and by substituting in its place the following new paragraph:
No more than six (6) permits shall be issued for each three -year period. All permits shall be
issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks
of Iowa Avenue.
3. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by adding new Subsection A,
Paragraphs 2d and 2e as follows:
d. No person may have an ownership interest, as determined by the City, in more than three mobile
vending cart operations.
e. If the City Council decides to eliminate or reduce the mobile vending permit program, the City
may terminate all permits upon 120 -day notice to the permittees.
SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2012.
MAYOR
ADDroved�
ATTEST: t' � � ' /a
CITY CLERK City Attorney
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 1111312012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Champion,
Throgmorton. NAYS:
Date published
Dickens, Dobyns, Hayek, Mims, Payne,
None. ABSENT: None.
-e-/3
Marian Karr
From: Anthony Browne <anthony.browne @live.com>
Sent: Tuesday, November 27, 2012 4:01 PM
To: Council
Subject: Proposed changes to Iowa City Code §10 -3 -5 (Item 13)
To the Iowa City Council:
Today, you vote on the second consideration of a proposed amendment to Iowa City Code §10 -3 -5
(Item 13). I, Anthony Browne, have been a recent proponent of changes to Iowa City Code §10 -3 -5. The City
Manager's Office indicated with the introduction of this proposed change it intends to change the
administrative rules and abandon the seniority rule with regards to the scoring process for applications for
permits under Iowa City Code §10 -3 -5. The City Manager's Office has indicated that it intends to adopt an
"open" process, rather than the current process that uses the seniority rule. I, Anthony Browne, applied for a
permit in 2012 in what I thought was an open application process. My application was denied solely based on
the seniority rule. While I feel somewhat vindicated that the City now agrees the process was not open, and
intends to abandon the seniority rule, I still have some very grave concerns about the proposed changes to the
ordinance. I do not want to cool the warming of the City to changes to this ordinance and /or the
administrative rules, but must raise the following objections.to the proposed changes:
1. 1 would like to point out that changing the administrative rules, removing the seniority rule, and
switching to an open process does not require any amendment to the ordinance. I agree that an
open application process may be more burdensome to the City than using the seniority rule and
agree that HIS handling these applications would be a wise and prudent decision. Therefore, having
HIS do the application process every three years, rather than one year, would be a sufficient
compromise and is the only necessary change to the ordinance. Therefore, I have no problem with
Amendment 1.
2. Regarding Amendment 2, while I agree with the change of the length of the permit from one to
three - years, I encourage the Council to change Amendment 2 and change the total number of
permits from six to eight. I also ask that it be amended to extend the area for mobile vending to the
CB- 2,CB -5, and CB -10 zones, rather than just in City Plaza or on Iowa Ave. This would align the
mobile vendor ordinance with the sidewalk cafe ordinance. The City would maintain the discretion
to locate the mobile units in City Plaza, but would then have the flexibility to locate them
throughout the downtown area. This City would at all times have control of the ultimate location of
the mobile vending unit.
3. Regarding Amendment 3 [addition of paragraph A (2)(d)], the City is attempting to hard -code three
as the maximum number of permits a single entity may have. I would like to point out that Internet
Explorer doesn't have 50% market share. However, it does have about 37% market share. If you
apply 37% market share to this ordinance, it would equate to two permits. J & P Ventures LLC
currently has three of the six total permits. They have had at least one permit since about the year
2000. They have since built their operation into three mobile vending units and have worked hard
over the years maintaining and investing in these units. This work is greatly respected and I do not
wish to minimize this accomplishment in any way. However, a three permit limit is one too many. I
feel that limiting the maximum number to two would better serve the public and prevent unfair
competition. It would also allow more variation and choices for consumers. Of course, this
maximum could also be waived, should less than the total number of permits be issued in a given
year and a permit is available. Since the demand for permits could fluctuate over time, a waiver of
the maximum limit should therefore also be provided, should the maximum be established to be
two.
I would encourage the council to make the above changes before voting "yes" to this proposed
amendment. Yet, the changes above are not a deal breaker. The deal breaker is Amendment 3 [addition of
paragraph A (2)(e]), which allows the City to revoke the permit for any or no reason at all upon 120 -day notice.
The addition of this paragraph is unnecessary and should be stricken. In essence, this would take the
application process out of the purview of the district court and would serve no other purpose. If this
amendment is made, and this paragraph is added to the ordinance, the City could willfully violate all of the
intricate procedures in the administrative rules with impunity and applicants would have no legal recourse.
This ordinance has been in the Iowa City Code since at least 1990 and has always allowed applicants due
process and recourse in the district court, should they believe their rights have been violated. While it may be
advantageous for the City to remove this process from judicial review, this an unprecedented step and an
unconscionable removal of a fundamental right to due process from the ordinance. Had I not had the right,
this change may have never happened. This important right to due process should not be denied to future
applicants. This is a paragraph the City will never invoke. if the City actually wants to eliminate or reduce the
program, it will forever have the ability to do so in three readings of a proposed ordinance amendment. This
paragraph would simply serve to remove the application process from the jurisdiction of the Johnson County
District Court. I therefore ask that every councilmember vote against any changes to the ordinance
whatsoever, should this part of the proposed amendment not be stricken.
Thank You
Anthony Browne
On behalf of Hillery's BBQ
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA
ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA
PURSUANT TO THE TENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 12 -459 passed and
approved on the 23rd day of October, 2012, adopted Amendment #10 to the City -
University Project 1 Urban Renewal Plan (the "Urban Renewal Plan ") for an urban
renewal area known as the City- University Project 1 Urban Renewal Area, (the "Urban
Renewal Area "), which added the area legally described as follows:
Beginning at the NW corner of Outlot 26, Original Town Subdivision; Thence
south along the eastern R.O.W. line of Van Buren Street to where said R.O.W.
ends at a point along the western boundary of Block 8, Lyon's 2 "d Addition;
Thence northwesterly along R.O.W. line to a point on the north R.O.W. line of the
Iowa Interstate Railroad south of block 1, Lyon's 1St Addition; Thence
southwesterly to the south R.O.W. line of the Iowa Interstate Railroad north of
block 3, Lyon's 1St Addition; Thence southeasterly along the south Railroad
R.O.W. to the eastern boundary of Van Buren Street south of the Railroad;
Thence along said eastern boundary of Van Buren. Street to the north right -of-
way line of Kirkwood Avenue; Thence east to a point 11' west of the extended
NE corner of lot 3, block 6, F.S. & E.W. Lucas Addition; Continuing south to a
point 126', more or less, south of the R.O.W. line of the E -W alley west of Diana
Street and south of lots 1, 2, and 3, block 6, R.S. Lucas Addition; Thence
westerly to a point on the east R.O.W. line of the N -S alley west of lots 4 & 5,
block 6, R.S. Lucas Addition; Crossing the alley to the west R.O.W. line of said
alley, continue south 7.5', more or less, to the NE corner of lot 30, Highland Park
Addition; Thence westerly to the NW corner of lot 31, Highland Park Addition;
Thence southerly to the SW corner of said Lot 31; Crossing Highland Ct. to the
NE corner of Lot 15 Highland Park Addition; Thence southerly to the SE corner of
Lot 9 Highland Park Addition; Crossing Highland Ave. to the south R.O.W. line;
Thence westerly along said south R.O.W. line to where it meets the Crandic
Railroad; Thence south along the Crandic Railroad to the south R.O.W. line of
Highway 6; Thence west along the south R.O.W. line of Highway 6 to the eastern
bank of the Iowa River; Thence southerly following said eastern bank of the river
to a point where the river bank meets the extended southern line of Sturgis Ferry
Park; Thence westerly to the SW corner of Sturgis Ferry Park; Thence continuing
westerly to the west R.O.W. line of Riverside Drive; Thence northerly along said
west R.O.W. line to the centerline of Highway 6; Thence easterly along said
centerline to the western bank of the Iowa River; Thence following the western
bank of the Iowa River to the centerline of Myrtle Street extended to the Iowa
River; Thence west to the west R.O.W. line of Riverside Drive /State Highway 1;
Thence northerly along said highway R.O.W. to the north R.O.W. line of
Burlington Street; Thence east to the east bank of the Iowa River; Thence south
to the south R.O.W. line of Court Street; Thence easterly along the south R.O.W.
line of Court Street to the west R.O.W. line of Maiden Lane; Thence south along
said west R.O.W. line to Ralston Creek; Thence southwesterly along the creek to
the south R.O.W. line of Prentiss Street; Thence east along said south R.O.W.
line to the west R.O.W. line of Gilbert Street; Thence south along said west
R.O.W. line to a point where it meets the extended centerline of Bowery Street;
Thence easterly to a point where the centerline of Bowery Street meets the
extended east R.O.W. line of Gilbert Street; Thence north along said east R.O.W.
line to the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25;
Thence east along the south R.O.W. line of Burlington Street to the point of
beginning. Also including Lots 5 and 6 in Block 43, Original Town, and the alley
and full width of the College Street right -of -way adjacent thereto.
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for
the division of revenue from taxation in that portion of the Urban Renewal Area added
pursuant to the Tenth Amendment, as above described and hereafter referred to as
"2012 Amended Area ", in accordance with the provisions of Section 403.19 of the Code
of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the 2012 Amended
Area legally described in the preamble hereof, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the 2012 Amended Area, as shown on
the assessment roll as of January 1, 2011, pursuant to Iowa Code Section 403.19(1)(b),
shall be allocated to and when collected be paid into the fund for the respective taxing
district as taxes by or for the taxing district into which all other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area, as
amended, pursuant to the Urban Renewal Plan, as amended, except that taxes for the
payment of bonds and interest of each taxing district shall be collected against all
taxable property within the Urban Renewal Area, as amended, without any limitation as
hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the 2012 Amended Area exceeds the total assessed value of the taxable property in the
2012 Amended Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the 2012 Amended Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the 2012
Amended Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the 2012
Amended Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the 2012 Amended
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
App .oved by f/
City Attorneys Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 11/27/2012
Vote for passage: AYES: Champion, Dickens,
Throgmorton. NAYS: None.
Second Consideration _
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
Dobyns, Hayek, Mims, Payne,
ABSENT: None.
r
-� =r CITY OF IOWA CITY 14
A �_Zwn MR.. MEMORANDUM
Date: November 13, 2012
To: Tom Markus, City Manager
From: Wendy Ford, Economic Development Coordinator
Jeff Davidson, Planning & Community Development Director
Re: Tax Increment Financing District Ordinance for Amendment #10 to City- University
Project 1 Urban Renewal Area
Introduction
Amendment #10 to City- University Project 1 Urban Renewal Plan was approved by Council
October 23`d, 2012 and creates the opportunity for the area to be designated a Tax Increment
Financing (TIF) district. To create a TIF district, the City Council must adopt a TIF ordinance.
The TIF ordinance allows the City Council to approve the use of tax increment financing in
accordance with separate developers agreements and public improvement projects that help
meet the objectives of the urban renewal plan.
History /Background
The objectives of the City- University Project 1 Urban Renewal Plan include the following:
• Diversify and increase the property tax base by (1) encouraging the retention and expansion
of existing business and (2) attracting businesses that have growth potential and are
compatible with existing businesses;
• Increase employment opportunities consistent with the available labor force;
• Provide and protect areas suitable for future commercial development;
• Cooperate with local and regional organizations to promote economic development within
Iowa City;
• Improve the environmental and economic health of the community through the efficient use
of resources; and
• Consider financial incentives and programs to facilitate achieving the above goals
Discussion of Solution
In order to achieve these goals, the City may desire to embark on urban renewal projects in the
area and /or provide financial assistance in the form of tax increment financing when there is a
public benefit component to a project within the district.
Recommendation /Justification
Staff recommends the adoption of the TIF ordinance allowing the diversion of the increase in
property taxes realized to assist in projects where public benefit will be realized. Public benefit
may include such things as parks, trails and streetscape improvements, partnerships with the
private sector in redevelopment projects, etc. In an area that has seen disinvestment over time
combined with the fact that redevelopment is substantially more expensive in urban areas due
to demolition and site preparation costs, there are significant financial barriers to
redevelopment. With a TIF ordinance, the City has another resource to assist in aiding the
redevelopment process and building the property tax base in this important Iowa City
neighborhood.
'A 2 1
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULA IONS,"
CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, TITLED
"TAXICABS" TO REQ IRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES RIVEN BY
A COMPANY; REQUI E LOCATION OF A DISPATCH OFFICE TO BE IN 10 A CITY OR
CORALVILLE AND ALL W FLEXIBILITY FOR DISPATCHING FROM THE OFF E; RESTRICT
NEW COMPANIES TO S RTING JUNE 1 OF EACH YEAR; CLARIFY LANGU E RE VEHICLE
LETTERING, AND REQ RE DRIVER IDENTIFICATION TO BE POSTED N THE VEHICLE
FACING THE PASSENGE .
WHEREAS, City Code sect Nn 5 -1 establishes applic/entitled uance and evocation provisions, and
5 -2 establishes regulations for to abs and drivers; and
WHEREAS, taxi companies h ve approached the Citanges t improve the appearance and
safety of the taxicabs and to provide icenses be issued oner ye r;
WHEREAS, the City Council w hes to improve any p cedures for operating a taxicab
business within the City of Iowa City;
WHEREAS, it is in the best interest f the City to adoplations for "taxicabs ".
NOW, THEREFORE, BE IT ORDAIN D BY THE CITY IL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled "Business and License Reg ations," Chaptitled "Taxicabs" is hereby amended by
deleting the following subsections in their ent ety and addi ubsections as follows:
5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DE
A., APPLICATION: Each applicant for a taxic�i
Clerk by May 1 on forms provided by the City,
information:
1. The name and address of each
operate a taxicab business.
ness license shall file an application with the City
i shall be verified and shall furnish the following
an ownership interest in the company wishing to
2. The experience of the applicant in t transport tion of passengers.
3. The record of convictions of misd meanors and/ felonies, including moving and nonmoving traffic
violations, and certified state of I a criminal histo and certified state of Iowa driver's record for
each person identified in subsect' n Al of this section.
4. The signature of all person with an ownership inter t in the business.
5. Such pertinent informati as the City may require.
B. Minimum Qualifications: ch taxicab business shall meet t e following minimum requirements:
1. Except for pedicab ,horsedrawn vehicles, and airports ttles, provide a taxicab service to the
public twenty -four (24) h rs a day, seven (7) days a week, and ave a business office located in Iowa
City or Coralville city lim s. No dispatching shall be done from a hicle. All dispatching shall be done
from the office except tween the hours of midnight and 6:00 a.m. The telephone number listed on the
application must be a veered twenty -four (24) hours a day, seven (7) ays a week.
2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4)
qualified licensed taxicab vehicles of which a minimum of one vehicles all be in operation at all times.
All taxicabs must comply with the vehicle requirements of this chapter.
3. Provide a certificate of liability insurance in accordance with this chapte
Ordinance No.
Page 2
4. Meet all applicable zoning ordinance regulations and all other city regulations.
5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to
the city upon request.
6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a
distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a
taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color
scheme and pattern. /
7. Each taxicab must prominently display the
return any completed cards to the city clerk. /
5 -2 -3: LIABILITY INSURANCE REQUIREME
A. Requirements:
feedback form provicjdd by the City, and
1. As a condition to receiving a taxicab busi ess license or a vehicle ecal, the applicant shall file with
the city clerk evidence of liability insuranc coverage via a ce. icate of insurance which shall be
executed by a company authorized to do i surance business i this state and be acceptable to the
city. The taxicab business must file with the city clerk one ce ficate of insurance listing all vehicles.
2. The taxicab business shall insure each d
3. The minimum limits of the taxicab busi
determined by city council resolution.
4. The cancellation or other termination of a
revoke and terminate the licenses issued for t
insurance policy, unless another policy, com i
the time of such cancellation or terminatio The
of the revocation of all licenses for the to cab bu
which is canceled or terminated. All de Is must
of business licenses and decals will a in acc
applicant's expense.
and the individual driver's policy shall be
insurance policy or certificate shall automatically
taxicab business and the vehicles covered by such
with this chapter, shall be provided and in effect at
ity clerk shall immediately issue written notification
iness and the vehicles covered by such insurance
returned to the city clerk. Subsequent issuance
or nce with the terms of this Chapter and at the
5. The cancellation or other term ation of any insura ce coverage for any single vehicle shall require
the decal to be returned to the i y clerk and a re -insp tion of that vehicle will be required prior to the
issuance of another decal an use of the vehicle as a t xicab. The city clerk shall immediately issue
written notification of the veh' le cancellation to the taxic b business.
5 -2 -6: DRIVER REQUI
D. Each driver, while ope ating a taxicab in the city, shall Aominently display an identification card
provided by the taxicab bLAiness showing the full name of the drkver and the taxicab business. The card
must be displayed on th dashboard so that it is visible to the cus mers in both the front passenger seat
and the back seat, and Ke at least eight and one -half inches (8 ' /z) i width and five and one -half inches (5
'/2 ) in height.
5 -2 -8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the taxicalp business on each side of the
vehicle in letters It least two inches (2 ") in height. Pedicabs and horse dr wn vehicles may use lettering
smaller than two Lnches (2 "). Removable signs shall not be allowed. If a None number is provided the
number shall be the same number that appears on the taxicab business appli tion and rate card.
B. Lighted Dome: Every motorized taxicab shall have a lighted dome attac d permanently to the
exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and
back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three
inches (12" x 1" x 3 "). In the event the city equipment superintendent or designee determines that the
Ordinance No.
Page 3
permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or
designee may approve an alternative placement. If a phone number is provided the number shall be the
same number that appears on the taxicab business application and rate card. Airport shuttles are exempt
from the lighted dome requirements.
5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June
1 of each year, and shall expire on May 31. No business licenses will be issued unless n application is
filed by May 1, except for pedicabs and horsedraw_n_yehicles. A license that will expir on February 28,
2013 shall be extended to May 31, 2013. �—
B. Driver authorization shall be valid for
period of chauffeur's license if under one y
C. Decals shall be valid for one year. They
expire on May 31. A decal that will expire on
D. Renewals shall follow the same procedure
E. Fees for licenses and decals shall be set by
SECTION II. REPEALER. All ordinances
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section
invalid or unconstitutional, such adjudication sha
section, provision or part thereof not adjudged ins
SECTION IV. EFFECTIVE DATE. With the
Ordinance shall be in effect May 1, 2013.
Passed and approved this day
MAYOR
O li e ;0 I
of one year from date of
II commence on June 1
ruary 28, 2013 shall be
set for initial i
lution of theAity Council.
nce or the remaining
date of issuance and shall
ed to May 31, 2013.
parts of ofdinances in conflict with the provision of this
3rovisigK or part of the Ordinance shall be adjudged to be
not aKect the validity of the Ordinance as a whole or any
lid Ar unconstitutional.
of 5 -2 -10 which is effective upon publication, this
2012.
ATTEST:
CITY CLERK
11 -27 -12
15
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED
"TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY
A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR
CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT
NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE RE VEHICLE
LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE
FACING THE PASSENGERS.
WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and
5 -2 establishes regulations for taxicabs and drivers; and
WHEREAS, taxi companies have approached the City for changes to improve the appearance and
safety of the taxicabs and to provide licenses be issued only once per year;
WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab
business within the City of Iowa City;
WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs ".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by
deleting the following subsections in their entirety and adding new subsections as follows:
5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS
A., APPLICATION: Each applicant for a taxicab business license shall file an application with the City
Clerk by May 1 on forms provided by the City, which shall be verified and shall furnish the following
information:
1. The name and address of each person with an ownership interest in the company wishing to
operate a taxicab business.
2. The experience of the applicant in the transportation of passengers.
3. The record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic
violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection Al of this section.
4. The signature of all persons with an ownership interest in the business.
5. Such pertinent information as the City may require.
B. Minimum Qualifications: Each taxicab business shall meet the following minimum requirements:
1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a taxicab service to the
public twenty -four (24) hours a day, seven (7) days a week, and have a business office located in Iowa
City or Coralville city limits. No dispatching shall be done from a vehicle. All dispatching shall be done
from the office except between the hours of midnight and 6:00 a.m. The telephone number listed on the
application must be answered twenty -four (24) hours a day, seven (7) days a week.
2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4)
qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times.
All taxicabs must comply with the vehicle requirements of this chapter.
3. Provide a certificate of liability insurance in accordance with this chapter.
Ordinance No.
Page 2
4. Meet all applicable zoning ordinance regulations and all other city regulations.
5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to
the city upon request.
6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a
distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a
taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color
scheme and pattern.
7. Each taxicab must prominently display the passenger feedback form provided by the City, and
return any completed cards to the city clerk.
5 -2 -3: LIABILITY INSURANCE REQUIREMENTS.
A. Requirements:
1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with
the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be
executed by a company authorized to do insurance business in this state and be acceptable to the
city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles.
2. The taxicab business shall insure each driver.
3. The minimum limits of the taxicab business policy and the individual driver's policy shall be
determined by city council resolution.
4. The cancellation or other termination of any insurance policy or certificate shall automatically
revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such
insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at
the time of such cancellation or termination. The city clerk shall immediately issue written notification
of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance
which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance
of business licenses and decals will be in accordance with the terms of this Chapter and at the
applicant's expense.
5. The cancellation or other termination of any insurance coverage for any single vehicle shall require
the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the
issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue
written notification of the vehicle cancellation to the taxicab business.
5 -2 -6: DRIVER REQUIREMENTS:
D. Each driver, while operating a taxicab in the city, shall prominently display an identification card
provided by the taxicab business showing the full name of the driver and the taxicab business. The card
must be displayed on the dashboard so that it is visible to the customers in both the front passenger seat
and the back seat, and be at least eight and one -half inches (8'/2) in width and five and one -half inches (5
) in height.
5 -2 -8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the
vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use lettering
smaller than two inches (2 "). Removable signs shall not be allowed. If a phone number is provided the
number shall be the same number that appears on the taxicab business application and rate card.
B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the
exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and
back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three
inches (12" x 1" x 3 "). In the event the city equipment superintendent or designee determines that the
Ordinance No.
Page 3
permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or
designee may approve an alternative placement. If a phone number is provided the number shall be the
same number that appears on the taxicab business application and rate card. Airport shuttles are exempt
from the lighted dome requirements.
5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June
1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is
filed by May 1, except for pedicabs and horsedrawn vehicles. A license that will expire on February 28,
2013 shall be extended to May 31, 2013.
B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining
period of chauffeur's license if under one year.
C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall
expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013.
D. Renewals shall follow the same procedure as set for initial issuance.
E. Fees for licenses and decals shall be set by resolution of the City Council.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. With the exception of 5 -2 -10 which is effective upon publication, this
Ordinance shall be in effect May 1, 2013.
Passed and approved this day of 2012.
MAYOR
ATTEST:
CITY CLERK
Apprdy �N i0�s Offi ?e )d I
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/27/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: N6ne. ABSENT: N6ne.
Second Consideration _
Vote for passage:
Date published
I-sr
Marian Karr
From:
Marian Karr
Sent:
Monday, November 26, 2012 11:37 AM
To:
'service @americanclasstaxi.com'
Cc:
Julie Voparil
Subject:
RE: Proposed ordinance changes
Thank you for your comments. A copy will be distributed to the City Council when they consider the ordinance at their
meeting November 27. As indicated the changes were a result of a meeting with companies on October 31. Council will
consider your comments and may pass first consideration or amend the ordinance at that time. Please let me know if
you have further questions.
Marian Karr, MMC
City Clerk
From: service @americanclasstaxi.com [mailto :service @americanclasstaxi.com]
Sent: Monday, November 26, 2012 11:24 AM
To: Marian Karr
Cc: Julie Voparil
Subject: Proposed ordinance changes
Good morning Marian
Last Friday we received your letter regarding the proposed changes for the taxi ordinance (attached). As a
well established small minority company based in Cedar Rapids, Iowa and maintained our Iowa City
license for the last several years with good records in order to legally pickup our loyal customers form
Iowa City (same as the Cedar Rapids Airport Shuttle condition). We have some concerns about the
upcoming changes and we request your consideration before the passage of the changes by the city
council:
1. All our taxis are black colored as required by City of Cedar Rapids to have color scheme and we
will need to reserve the same color in Iowa City.
2. We have our office at 201 First Ave SW Cedar Rapids Iowa (commercial zoned) and it will be a
heavy cost load for our small DBE company to open a second office in Iowa City.
3. We support the new companies start at begin of licensing year only.
4. We support the consistent vehicle letter and phone numbers (already applied in and out all our
taxis beside our website address, "How Is My Driving" call to report sign, and an RQ bar code Scan -
able by cell phones to access our company contact information in more convenience way, plus our
DOT number all n 2 -4" font).
5. We support the annual license year changed to June 1st.
6. We support the Driver identification changes (already applied).
7. We support the passenger feedback form (beside already applying above techniques, item 4).
8. We support the clarification of a re- inspection if vehicles removed from insurance.
Thank you in advance for your consideration of items 1 & 2 above.
Best regards
Nazar Osman
President
American Class Taxi, Inc.
(319)363 -8294
www.americanclasstaxi.com
P71
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,
use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message.
November 20, 2011
CRY f
Dear Business Owner.
Recently Council and my office have been contacted by taxi company owners requesting clarification
and changes to the current ordinance. An invitation was extended to all 14 companies to attend a
meeting on October 31. Staff met with owners and provided a summary and recommendation to
the City Council on November 13.
As a result, of the discussion Council directed staff to prepare an amendment (attached) for Council
action., The proposed changes include:
➢ Re- instating the color scheme (5 -2 -1)
Y Dispatch office located In Iowa City or Coralville City limits and flexibility and clarity
between midnight and 6 a.m. (5 -2 -2)
v ➢ New companies start at begin of licensing year only. (5 -2 -2)
. ➢ Consistent vehicle lettering and phone numbers. (5 -2-8)
Annual license year changed to June 1 (from March 1) (5 -2-8) (5 -2 -10)
y ➢ Driver Identification change (5 -2-6)
➢ Implementation of a passenger feedback form (5-2-2)
Clarification of a re- Inspection if vehicles removed from insurance (5 -2 -3)
Council will be considering this ordinance at their 7:00 PM meeting on November 27 meeting. The
ordinance requires two more readings before passage (December 4 and 18). K passed the
ordinance would take effect starting with the 2813 licensing year. You are being notified and invited
to present your views concerning this proposed ordinance in person or In writing.
A copy of the proposed ordinance is attached. Please contact my office with any questions you
may have.
Sincerely,
Maria err, MMC
City Clark
Attachment: Proposed Ordinance
S: taxi: WerNOV2012amendmentcodechanges .doc
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -3043 a FAX (319) 336 -5497