ORDINANCE NO. 13,996

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 13,910, passed January 22, 2001, by repealing paragraph (f)(1) of Section 102-329 thereof and enacting a new paragraph (f)(1) of Section 102-329, relating to the width of skywalk corridors.

 

Be It Ordained by the City Council of the City of Des Moines, Iowa:

 

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 13,910, passed January 22, 2001 is hereby amended by repealing paragraph (f)(1) of Section 102-329 thereof and enacting a new paragraph (f)(1) of Section 102-329, relating to the width of skywalk corridors, as follows:

Sec. 102-329. Development criteria.

 

-----------------------------------

(f) Skywalk corridors shall conform to the following minimum design standards:

 

(1) Width. Skywalk corridors shall have a minimum width of 14 feet free and clear of any obstructions or intrusions. However, in the following circumstances, the lesser widths specified may be allowed:

 

a. Where a column, pipe or other integral structural feature or member of an existing building will intrude into a skywalk corridor, such corridor and the easement therefor shall be for that narrower width for the minimum distance which is necessary to prevent such intrusion.

 

b. Where a skywalk corridor is constructed over an alley or vacated alley between existing buildings, and where a column, pipe or other integral structural feature or member of an existing building or buildings restrict the available width for construction of the skywalk corridor, such corridor and the easement therefor shall be of the maximum width that can reasonably be constructed, such reduced width shall be for the minimum distance possible, and no portion of the corridor shall be less than 13 feet free and clear of any obstructions or intrusions.

 

c. Where the easement for a skywalk corridor is in a building corridor already constructed as of July 3, 1980, such skywalk corridor shall have a minimum width of 12 feet free and clear of any obstructions or intrusions.

 

d. The city council in its discretion may accept a right to an easement for a skywalk corridor 14 feet in width and may restrict the actual width of the easement for a skywalk corridor to no less than 12 feet in those situations where on one side of the skywalk corridor any barricade wall or other physical barrier or obstruction, including but not limited to chainlink mesh, clear glass or other material, which stands or is erected or placed between such corridor and the abutting private property interest, meets all of the following criteria during the regular hours the building or business in which the skywalk corridor is located is open:

 

1. Such physical barrier or obstruction comprises no more than 40 percent of the area of the vertical plane between floor and ceiling running parallel to and at the edge of such corridor through such property interest.

 

2. In those open portions of such areas where such barrier does not extend from floor to ceiling, the private property interest may place or stand temporary obstructions within the 14-foot right to an easement area but without the 12-foot easement on the open side, so long as no such obstruction shall be placed or stood within the 14-foot right to an easement width which exceeds 36 inches in height measured from the floor and/or the ceiling; provided, however, that any such temporary obstruction affixed to the ceiling must not extend lower than seven feet above the floor. Where such open spaces exist on both sides of such corridor, such intrusion shall be limited to a total of two feet divided between the two sides of the corridor at the private property interest's discretion; provided, however, that the amount of intrusion on each side of the corridor shall be uniform for the length of such corridor through the private property.

 

Doors which are normally closed but which open into a skywalk corridor shall not be deemed barriers, obstructions, or intrusions as referred to in this subsection. Doors that are provided for fire protection or for atmospheric pressure control with a total opening width of ten feet eight inches or more shall not be deemed barriers, obstructions or intrusions as referred to in this subsection.

--------------------------------

 

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

 

 

 

Roger K. Brown, Assistant City Attorney

Preston Daniels, Mayor

 

Attest:

 

I, Donna Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 01-2915), passed by the City Council of said City at a meeting held September 24, 2001, signed by the Mayor on September 24, 2001, and published as provided by law in the Business Record on October 8, 2001. Authorized by Publication Order No. 1905.

Donna Boetel-Baker, MMC City Clerk