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HomeMy WebLinkAbout4759 - 03/07/2005 INDEA 5 BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 200G 1176 } PROOF FILED FOR RECORD JUL 13 , 2005 ,AT 4:00 P•M. FEE 1-45.00-1.00/ COMPARED C:Z=L;JJ.14,. BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4759 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, INTERNATIONAL PROPERTY MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted as follows : B. THE INTERNATIONAL PROPERTY MAINTENANCE CODE 9-1B-1 . THE INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Waterloo, Iowa, being marked and designated as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Waterloo, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk of the City of Waterloo 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, if any, prescribed in Section 2 of this ordinance. 9-1B-2 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. A. GENERAL AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. Section 101 . 1 Insert : City of Waterloo Section 304 . 14 . Insert : June 1 - October 31 . Section 602 . 3 . Insert: November 1 - April 30 . Section 602 . 4 . Insert : November 1 - April 30 . Ordinance No. 4759 Page 2 Section 3 . Section 3 of the International Property Maintenance Code is hereby amended as follows : Section 102 . 1 shall be amended by adding the following sections : Section 102 . 1 . 1 The provisions shall be applied to all portions of the City of Waterloo in the following sequence to secure maximum effect of the stated intent of the code in Section 101 . 3 . However, the application of the code shall not be limited in its enforcement as outlined in Sections 102 . 1 . 2 through 102 . 1 . 7 when a violation by complaint is noted in any area of the city of Waterloo. Section 102 . 1 . 2 The area known in city records as the Downtown/Rath Redevelopment area shall be the first area of enforcement . This area is bounded by U. S. 218 on the south/west; Black Hawk Creek and River Road on the west; Conger on the north; Fairfield on the east to Lafayette on the northeast to 2nd Street on the northwest to Franklin Avenue on the northeast to Martin Luther King Drive on the north to Idaho on the east to Chicago Pacific on the northeast to Linden/Durham on the east to Mitchell on the south. The enforcement of the above-referenced boundaries will start ninety (90) days after code adoption. Section 102 . 1 . 3 The provision of this code shall be enforced in Ward Four (4) -- beginning January 1, 2006. Section 102 . 1 . 4 The provision of this code shall be enforced in Ward Five (5) - beginning July 1, 2006. Section 102 . 1 . 5 The provisions of this code shall be enforced in Ward One (1) - beginning January 1, 2007 . Section 102 . 1 . 6 The provisions of this code shall be enforced in Ward Two (2) - beginning July 1, 2007 . Section 102 . 1 . 7 The provisions of this code shall be enforced in Ward Three (3) - beginning January 1, 2008 . Section 103 . 5 . Fees . Shall be deleted in its entirety, and a new Section 103 . 5 shall read as follows : The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be set by resolution of the City Council . After the first 12 months of code Ordinance No. 4759 Page 3 enforcement, the Code Official will present to the City Council a fee schedule reflecting the cost associated with enforcement of this code. Section 106 shall be amended by adding the following sections : Section 106. 6 Hardship Due to Code Application Section 106. 6. 1 Definition Hardship - The literal application of this code causes hardship to the owner of the affected property. Section 106. 6. 2 Referral . The Code Official shall refer all hardship cases to the Community Development Office. Section 302 . 8 Motor Vehicles shall be amended by adding: Section 302 . 8 . 1 Enforcement The enforcement of Section 302 . 8 . 2 of this code shall become effective ninety (90) days after adoption. Section 302 . 8 . 2 Parking in R-1 and R-2 Zoned Districts : 1 . Purpose : The special provisions of this ordinance are intended to regulate the location of vehicles parked in the front yard. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment . It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. a. Goals 1) To preserve and improve the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo. 2) To minimize the adverse visual effects of front yard parking. 3) To allow for the reasonable use of driveways in the front yard for parking. 2 . Definitions : As used in this chapter. a. "Driveway" - That portion of private property, paved or unpaved, that provides vehicular access Ordinance No. 4759 Page 4 to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site . A driveway may extend into or across the front yard area in a residential district. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage, carport or parking area. The parking area shall be included in the hard surface area, conforming to Section 3 . a. 2 of this ordinance regulating the area of a hard-surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard to a residential district may be extended beyond the width of the curb cut unless said driveway extension provides direct access to a parking lot, garage, parking area, adjacent approved curb-cut entrance, or adjacent street right-of-way located outside of the front yard area. In all cases, the driveway must be at least the minimum width dimension as the outside width dimension of a vehicle for which it serves . b. "Parked, Parking" - The placement of a vehicle for any substantially uninterrupted period of time not exceeding forty-eight (48) hours . c. "Recreational Vehicle" - Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor-homes . d. "Vehicle" - Any motorized implement of conveyance designed or used for the transportation of people or materials on land, water, or air, including but not limited to, motorcycles, automobiles, trucks, snowmobiles, boats, airplanes, helicopters, trailers, campers, RVs, motor-homes, wagons, or any part or accessory portion thereof. e. "Yard, Front" - A yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual Ordinance No. 4759 Page 6 However, this restriction shall not prohibit the construction of a twenty-foot (20' ) driveway or driveway expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or 4-stall garage. Nor shall it prohibit the construction of a circular drive if otherwise approved by the City Engineer and meeting the requirements of the City Code of Ordinances . 3) Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinance shall be strictly prohibited from parking in the front yard. 4) Parking is permitted in the rear and side yards, behind the front yard as herein defined. In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot . All parking shall comply with paragraph 3 . a. 2 . c. Parking (Recreational Vehicles) : 1) Not more than two (2) recreational vehicles shall be parked on any single-family residential lot having an area of one acre or less . No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors . NOTE: Visitor parking shall be limited to not more than thirty (30) days per calendar year. 2) Recreational vehicles shall not occupy or obstruct access to any required parking space at any time, except that required for another recreational vehicle. 3) Recreational vehicles may be parked in a front yard if such vehicle is parked on a driveway or on a hard surface having a depth of 4 inches located adjacent to and parallel with the driveway if the recreational vehicle has a height no greater than 48" and is not parked in the "vision triangle" required by zoning. 4) Recreational vehicles may park in the required side yard: a. if a minimum separation of 10 feet, including the side yard setback of the adjoining property, is maintained between the closest point of the vehicle and any Ordinance No. 4759 Page 5 steps or unenclosed porches, or the required front yard set back as required by the Zoning Ordinance for R-1 and R-2 zones . f. "Yard, Rear" - A yard extending across the full width of lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches . On both corner lots and interior lots the opposite end of lot from the front yard. g. "Yard, Side" - A yard extending from the front yard to the rear yard and measured between the side lot lines and nearest structure. h. "Junked Vehicles" - Inoperative (mechanically or legally) , wrecked, dismantled or partially dismantled motor vehicles are not to be in public or private view, and must be completely enclosed in a building. Junked vehicles may not be placed behind fences, unless in connection with a licensed salvage yard, or as an antique (over 35 years old) or special interest vehicle. Current registration and inspection stickers are required to leave a vehicle in public view. 3 . Standards Governing the Off-Street Parking or Storage of Vehicles As An Accessory Use. a. Restrictions Addressing Parking of Vehicles On Residential Property: 1) No more than four (4) motor vehicles-- including cars, trucks, trailers, recreational—shall be parked outside an approved garage on residential property. 2) Any vehicles parked outside an approved garage shall be parked on concrete, asphalt, gravel or similar surface approved by the City of Waterloo. Grass is not an approved parking surface. b. Parking in Front Yards : For one- and two-family dwellings, no parking shall be allowed in the front yard, as defined in No. 3 of this section, unless the following is true: 1) The area is a permitted driveway as defined in this ordinance. 2) In any "R" district, no one- or two-family dwelling or lot shall have more than thirty- three percent (33%) of the front yard used for driveway and off-street parking purposes . Ordinance No. 4759 Page 7 other like vehicle or principal building (including attached accessory structures) on an adjoining premises; b. or if after written application the Department of Community Development Technical Review Committee finds that there will not be an adverse impact upon the passage of air or availability of light to adjoining properties, or drainage; c. or if the adjoining property owner does not file a written objection to such parking in the required side yard, in which case such proposal shall be referred to the Board of Adjustment for a determination. The adjoining property owner shall be notified of such proposal and permitted not less than ten (10) days nor more than twenty (20) days to appeal any approval by staff for hearing by the Board of Adjustment . In determining whether the vehicle may adversely affect the passage of wind and air, the Department or Board shall give consideration to whether increased snow drifting or wind velocity may result to the detriment of adjoining properties to an extent greater than would occur from other activities permitted in the side yard. In determining whether the availability of light will be adversely affected, the presence of doors or windows on adjoining side walls for living or family rooms, kitchen, or bedrooms; and porches or organized outdoor living space such as that provided by a deck or patio, shall be considered together with building orientation, topography, and similar factors . 4 . Use as Residence. No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park, campground or beyond the time permitted for "visitor parking" (as noted in Section 3 . c. 1) . 5 . Effective Date. (Recreational Vehicle Parking) This section shall become effective upon adoption. Current residents owning recreational vehicles on the effective date shall be given 180 days to conform to the parking provisions of this Section Ordinance No. 4759 Page 8 for their current place of residency for the duration that the current resident owns a recreational vehicle. 6. Authorized Enforcement Agencies . The Waterloo Police Department, Code Enforcement Officers, or any other persons authorized by Resolution of the City Council are authorized to enforce the ordinance. 7 . Penalty. Any violation of this ordinance shall constitute a Municipal Infraction and be punishable consistent with Sections 1-8 of the Waterloo Code of Ordinances . Section 307 . 2 . 1 Rubbish Storage Facilities shall be amended by adding: Section 307 . 2 . 1 . 1 Container Size The owner of an apartment complex shall provide a container equal to the minimum size container provided by Waste Management for each unit - 32 gallons . (Example: 12-unit apartment complex would require 12 x 32 = 7 yard containers for weekly pickup. ) 9-1B-3 . If existing ordinances of the City of Waterloo are in conflict herewith, the most restrictive shall prevail . 9-1B-4 . That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and for each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional . 9-1B-5 . That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this ordinance . 9-1B-6 . That the City Clerk is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required. ) Ordinance No. 4759 Page 9 9-1B-7 . That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on the time schedule as set out in Section 102 . 1 and 302 . 8 of this code from and after the date of its final passage and adoption. INTRODUCED: February 21, 2005 PASSED 1st CONSIDERATION: February 21, 2005 PASSED 2nd CONSIDERATION: February 28, 2005 PASSED 3rd CONSIDERATION: March 7, 2005 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of March, 2005, and approved by the Mayor on the 9th day of March, 2005. Tim Hurley, May ATTEST: Nancy cke t, CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4759, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of March, 2005 . Witness my hand and seal of office this 9th day of March, 2005 . L/1/N, 571(•12,0)--SE�,L � NancyEck t, CMC City Clerk