HomeMy WebLinkAbout1985-03-12 OrdinanceCity of Iowa City
MEMORANDUM
Date: February 27, 1985
To: City Council
From: Marianne Milkman rt
Re: Z-8419. Gordon Russell, Rezoning Request
The attached staff report provides information on this rezoning request and
the reasons for the staff recommendation.
At the public hearing held by the Planning and Zoning Commission on January
17, 1985, the Izaak Walton League and the Wagner Memorial Holding Corporation
(WMHC), owners of the property to the east of the area for which rezoning is
requested, stated that they had no objection to the rezoning but would prefer
a 200 foot buffer between their property and the extraction operation, rather
than the 100 foot buffer required by the Iowa City Zoning Ordinance.
The applicant, the Izaak Walton League and the WMHC have since negotiated and
signed an agreement regarding a 50 foot easement along the east boundary of
the Gordon Russell property, which will allow the Izaak Walton League to
plant trees to screen the extraction operation. This agreement also gives
the WMHC the right of first refusal to buy said easement after extraction
operations are completed. . The agreement also had .the WMHC petition the
Planning and Zoning Commission to approve the rezoning based upon the
restrictions of the agreement and rescinding the original request for a 200
foot buffer. .
Based upon this agreement, the Planning and Zoning Commission unanimously
approved the rezoning of the whole tract from I-1 to I-2.
bj3/18
�437
R
STAFF REPORT
To: Planning and Zoning Commission
Item: Z-8419. Riverside Drive (part of
Wagner -Murphy tract)
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
i
Surrounding land use and zoning:
Prepared by: Marianne Milkman
Date: December 20, 1984
Gordon Russell
2750 S. Riverside Dr.
Iowa City, Iowa 52240
Rezoning from I-1 to I-2.
Extraction of sand and gravel.
At city limits east of Highway 218
South and north of Izaak Walton League
Road.
Approximately 32 acres.
Industrial.
Undeveloped; I-1.
North - salvage yard, undeveloped;
I-1, county A2.
East - undeveloped, Izaak Walton
League, Iowa River; county A2.
South - agricultural, undeveloped;
county Al, A2.
West - railroad tracks, woodlands;
County RS.
45 -day limitation period: 1/21/85
ANALYSIS
The entire property is located in the 100 -year floodplain of the Iowa River and is
undeveloped with bottom land woods and scrub vegetation providing much wildlife
habitat over the area. A portion of the site near the intersection of old and new
Highway 218 South has been cleared and has been used for dumping.
The applicant wishes to extract sand and gravel on this site, and use some of the
materials to 'Fill the western portion of the property. After extraction is
complete the applicant states that there will be an attractive lake at the site,
and that he hopes to use the western "filled" portion for other industrial uses.
In considering the rezoning of this property the following issues should be
addressed:
1. Both the current zoning (1-1) and the requested rezoning (I-2) are consistent
with the Comprehensive Plan.
Extraction operations are listed as provisional uses in an I-2 zone and are
subject to the requirements of Section 36-55. These requirements are as
follows:
A license to operate shall be obtained from the State of Iowa Department
of Soil Conservation - Division of Mines and Minerals. The applicant has
such a license for his extraction operations in the county both north and
south of the subject property. This license is also valid for the area
for which rezoning is requested.
b. Approval for operation in a floodplain shall be obtained from the Iowa
Department of Water, Air and Waste Management (DWAWM). Whereas the
applicant will not be withdrawing water, he will require approval to fill
in the floodplain. The applicant states that the DWAWM has given him
verbal approval, but he does not have written approval at this time.
Extraction shall not occur within 1000 feet of an R zone. Much of the
subject property is surrounded by and within 1000 feet of County RS, Al
and A2 zones (see Attachment 1). These zones all permit residential
development although only the RS zone has residential uses as the primary
use. The Zoning Interpretation Panel has ruled that county residential
zones should not be considered in the same way as "R" zones within Iowa
City and that the 1000 foot distance requirement would not automatically
apply to these zones.
The land surrounding the subject property is entirely in the flood plain.
There are a few existing sumner cottages on the Iowa River to the east of
the subject property as well as the house of the resident caretaker for
the Izaak Walton League. These few houses are well screened from the
proposed extraction operation. While some noise from the extraction
operation is likely to penetrate these houses, the operation must comply
with the City's noise ordinance and the requirements of Section 36-75 (see
H3 below). The RS zone is between the old and new Highway 218 South, and,
as such, is unlikely to develop for residential uses.
Extraction operations must also comply with the applicable performance
standards (Section 36-75) for particulate matter and vibrations, and the
applicant would have to show that his operation would comply with these
standards.
4. Screening is not required on this property since it is nowhere adjacent to or
across a street or highway from an R or ORP zone (see Zoning Interpretation
Panel ruling 2c, above).
5. The property is located close to one of the major entranceways to Iowa City,
Highway 218 South. The northwest corner of the property is near the intersec-
tion of the old and new Highway 218 South. Because of the topography new
Highway 218 South is elevated and persons traveling north have a view of a
large portion of the subject property. Even if screening were required it
would be too low to affect this view.
X37
The Urban Environment Ad Hoc Committee has recommended "that the City
Council adopt a policy to preserve and enhance the entranceways to Iowa City".
An extraction operation can hardly be considered an enhancement, although the
resultant lake, if attractively landscaped, might enhance the entranceway. It
should be noted though, that none of the property is actually located directly
on an entranceway to Iowa City.
Rezoning of an area presumes that the current zoning is inappropriate. The I-1
zone is intended to provide for most types of industrial activities. Since
almost all of the subject property is in the floodplain, considerable filling
and/or floodproofing will be required in order to establish almost any
permitted use. Development of many industrial uses is therefore likely to be
very costly and marginally feasible.
An I-2 zone differs from an I-1 zone in that extraction operations are
permitted in addition to all the uses of the 1-1 zone and commercial uses. I-2
zoning may be a more appropriate zone for certain floodplain lands since
extraction is a provisional use. If the applicant fills the western portion
of this property and develops other industrial uses, these uses are likely to
differ little from the industrial uses of the existing I-1 zone unless a
special exception for a junkyard is granted. (A junkyard operated by the
applicant does exist in the I-1 zone to the north of this property.) Since the
applicant intends to fill this western portion of the property adjacent to old
Highway 218 South it is appropriate to retain I=1 zoning for Tract A (see
Attachment 3).
Since extraction operations are well suited to floodplain lands which have
only limited use for other types of development, rezoning Tract B from I-1 to
I-2 is recommended. The extraction operation would be a considerable distance
from new Highway 218 South, and would be separated by Tract A.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends
Attachment 3 from I-1 to I-2, and retaining I-1
property located east of old Highway 218 South
City.
ATTACHMENTS
1. Location map.
2. Site plan.
Site plan - proposed rezoning
Approved by
rezoning of Tract B as shown on
zoning for the remainder of the
to the southern limits of Iowa
2 %.
i
D nal Sclmeiser, Direc or
Department of Planning
and Program Development
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:
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED Al THE SOUTHERN IOWA CITY
CITY LIMITS BETWEEN THE IZAAK WALTON
LEAGUE PROPERTY TO THE EAST AND THE
CRANDIC RAILROAD TRACKS TO THE WEST, FROM
j I-1 to I-2.
� BE IT ORDAINED BY THE CITY COUNCIL OF THE
j CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below is hereby reclassified from its
present classification of I-1 to I-21 and
the boundaries of this I-2 zone be
indicated upon the zoning map of the City
of Iowa City, Iowa, to include the
property described as follows:
In the SW 1/4 of the SW 1/4 of
of
ctthe ion 25thTownsP.M hip omne79 ncing eat West Wthe
point where the CRANDIC Railroad
right-of-way intersects with Izaak
Walton League Road, thence east
ofaloid
the northerly right-of-way line
Road, 1361 feet to a point, thence
north along the boy line
eAbetween
property owned by Gordonand
ngeline
M. Russell, and the Wagner Memorial
Holding Corporation 1000 feet to a
point, thence westerly 1400 feet
toof
point on the east right-of-way line
the CRA140IC Railroad which is 1000 feet
north of the point of beginning, thence
southerly 1000 feet along the east
right-of-way line of said Railroad to
the point of beginning. All o
f said
property lying in Iowa City, Johnson
County, Iowa.
SECTION II. The Building Inspector is
here y au orizeof and the Citydirected
of Iowa ochange
the zoning map
Iowa, to conform toapproval this
amendment
p blican
the final passage,
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
aut or ze and directed to certify a copy
of this ordinance to theountyy Recorder
of Johnson County,
pon final
passage and publication as provided by
law.
137
i
SECTION IV. REPEALER. All ordinances and
parts of or finances in conflict with the
Provision 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 unconstitu-
tional, 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
Pfinance s a a in a fect after its
final passage, approval and publication as
required by law• roved this
Passed and app
ATTEST:
a
MA R
Ree "- E Approved
By The Eeyal y^partmsilt
#37
,
U
ORDINANCE NO.
ORDINANCE A14ENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO
THE NORTH, THE FORMER CRI&P RAILROAD
TRACKS TO THE EAST, THE LAKEWOOD ADDITION
TO THE SOUTH AND THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16 IN TO11 HIP 79
NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE
WEST, FROM P14-12 TO RS -8. (4,M4 )
E IT ORDAINED BY THE CITY UNCIL OF THE
TY OF 1014A CITY, IOWA:
SEC ON I. That the operty described
belo is hereby reel ssified from its
presen classificatio of RM -12 to RS -8,
and th boundaries the RS -8 zone as
indicate upon the oning map of the City
of Iowa City, Iowa shall be enlarged to
include:
The oper y bounded on the north
by Univer it Heights, on the east by
the tracks of the former C.R.I.&P.
Ry., on t south by the Lakewood
Addition o wa City, and on the
west by a so thwest quarter of the
northe'as quart of the northwest
quarter of Sectio 16, in Township 79
North, ange 6 West f the 5th P.M.
SECTION I The Buil 'ng Inspector is
ere y a orized and dir cted to change
the zoni g map of the City of Iowa City,
Iowa, t conform to this a ndment upon
the fi al passage, approval a d publica-
tion o this ordinance as provi d by law.
SECTI TII. The City Clerk hereby
au o ize and directed to certif a copy
of is ordinance to the County R corder
of Johnson County, Iowa, upon final
pas age and publication as provide by
la .
S TION IV. REPEALER. All ordinances and
p its o ordinances in conflict with he
r
ovision of this ordinance are hereby
yrepealed.
SECTION V. SEVERABILITY. If any section,
provis on or part the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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.
'i q-
ccrTTnu V FFFFCTIVE /GATE. This
bUU11L II Nc L1vlLles
April 9, 1985
Page 5
Moved by Ambrisco, seconded by Strait, that the ordinance to rezone
property in the southwest quarter of the northeast quarter of the northwest
quarter of Section 16 in Township 79 North, Range 6 West of the Fifth
Principal Meridian (aka Neuzil property) from RM -12 to RS -8, be given second
vote for passage. The Mayor declared the motion carried, 6/1, with the
following division of roll call vote: Ayes: Dickson, Erdahl, McDonald,
Strait, Baker, Ambrisco. Nays: Zuber. Moved by Erdahl, seconded by Strait,
to accept correspondence from Betty 8 Al Thomas and Frank 8 Mary Glick
representing the Melrose Lake Community Association. The Mayor declared the
motion carried unanimously, 7/0, all Councilmembers present.
Moved by Erdahl, seconded by Strait, that the ordinance to rezone
property bounded by University Heights to the North, the former CRISP
railroad to the East, the Lakewood Addition to the South and on the West by
the East line of the Southwest quarter of the Northeast quarter of the
Northwest quarter of Section 16 in Township 79 North, Range 6 West of the 5th
P.M., from RM -12 to RS -8, be given second vote for passage. The Mayor
declared the motion carried, 6/1, with the following division of roll call
V
A Strait, Ambrisco Baker DicksOlL,�dah1,_McDona_Id Nays:
Z [Ordinance title differs from agenda of 3/12 and 4/9. Ordinance was
revised per Council discussion of 2/25 and first and second readings were
given to the ordinance as stated above but the title never revised.3
Moved by Ambrisco, seconded by Dickson, to adopt ORD. 85-3231, Bk. 25,
pp. 82-85, AMENDMENT TO THE PLANNED DEVELOPMENT HOUSING PLAN FOR TY'N CAE,
PART THREE. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the ordinance adopted.
Moved by Ambrisco, seconded by Dickson, to adopt RES. 85-82, Bk. 85, pp.
209-210, APPROVING THE PRELIMINARY SUBDIVISION PLAT AND PLANNED DEVELOPMENT
HOUSING PLAN OF TY'N CAE, PART FOUR. Affirmative roll call vote unanimous,
7/0, all Councilmembers present. The Mayor declared the resolution adopted.
Moved by Ambrisco, seconded by Strait, to adopt. RES. 85-83, Bk. 85, pp.
211-213, APPROVING THE FINAL SUBDIVISION PLAN OF RUPPERT SUBDIVISION PART ONE
AND THE FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF MHI AUTO
CENTER. (Mary Hartwig Inc.) Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
Moved by Dickson, seconded by Ambrisco, to adopt RES. 85-84, Bk. 85, pp.
214-218, TO DISPOSE OF A PORTION OF THE PERMANENT FLOWAGE EASEMENT FOR THE
RALSTON CREEK NORTH BRANCH DETENTION BASIN, located in First 8 Rochester Part
One. Affirmative roll call vote unanimous, 7/0, all Councilmembers present.
The Mayor declared the resolution adopted.
Moved by Dickson, seconded by Baker, to adopt RES. 85-85, Bk. 85, p. 219,
ADOPTING THE URBAN ENVIRONMENTAL POLICIES AS AN ADDENDUM TO THE 1983 COMPRE-
HENSIVE PLAN UPDATE. Affirmative roll call vote unanimous, 7/0, all Council -
members present. The Mayor declared the resolution adopted.
Moved by Ambrisco, seconded by Zuber, to adopt RES. 85-86, Bk. 85, pp.
220-221, APPROVING THE PRELIMINARY AND FINAL PLAT FOR BURKLEY SUBDIVISION.
Baker stated his intention to vote against the subdivision because he felt it
9(AS
ORDINANCE NO. DEFEATED 3/12/85
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY KNOW AS THE LAKEWOOD ADDITION TO
IOWA CITY AND THE ABUTTING PROPERTY TO THE
EAST BETWEEN THE LAKEWOOD ADDITION AND THE
FORMER CRI&P RAILROAD TRACKS FROM RM -44 TO
RNC -20.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
j below is hereby reclassified from its
present classification of RM -44 to RNC -20,
and the boundaries of such an RNC -20 zone
shall be indicated on the zoning map of
the City of Iowa City, Iowa, to include:
All of Lakewood Addition; an Addition
to the City of Iowa City, Iowa,
according to the plat thereof recorded
in Plat Book 7, Page 18, Plat Records
of Johnson County, Iowa; and
i
Commencing at the Northwest Corner
of the Southwest Quarter, Section 16,
T 79 N, R 6 W of the 5th P.M.; thence
north 1,275.00 feet; thence east
I 2,636.00 feet to an iron pipe, said
pipe being the N E Cor. of Part One,
Terrace Hill Addition to the City of
Iowa City; thence 586026'00"E, 475.20
feet to the point of beginning, said
point being the NW Cor, of Lot 14,
Part Two, Terrace Hill Addition to the
City of Iowa City; thence north
3034'00"E, 75.00 feet; thence
N16032'25"W, 146.51 feet; thence
southeasterly 332.39 feet, along a
1,960 foot radius curve concave
northeasterly; thence N8602.6'00"W,
204.65 feet to the point of begin-
ning;
SECTION ii. 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 publica-
tion of this ordinance as provided by law.
i SECTION III. The City Clerk is hereby
au orize and directed to certify a copy
of this ordinance to the County Recorder
C of Johnson County, Iowa, upon final
passage and publication as provided by
law.
#4
F
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. if any section,
i provision or part of the Ordinance shall
i be adjudged to be invalid or unconstitu-
tional, 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.
j SECTION VI. EFFECTIVE DATE. This
I Or inance shall be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
I MAYOR
I
ATTEST:
CITY CLERK
Received R Approved
By T Legal Dop'lo cant
2/ %f
44 ilk
'
I
i
t
It was moved by and seconded by
, that the Ordinance as rea a adopted and upon F5ca ere
were,
ORDINANCE NO. 85-3226
ORDINANCE AMENDING THE ZONING ORDINANCE SIGN REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. That Section 36-60 through 36-64 be deleted from the Zoning
Ordinance and the following be inserted in lieu thereof:
Sec. 36-60. Sign regulations.
(a) Intent. It is the purpose of the sign regulations to enhance and
protect the physical appearance and safety of the community, to
protect property values and to promote the preservation of Iowa
City's areas of natural, historic and scenic beauty. It is further
intended to reduce distractions and obstructions that may contribute
to traffic accidents, reduce hazards that may be caused by signs
projecting over public rights-of-way, provide for a reasonable
opportunity for all sign users to display signs for identification
without interference from other signage, to provide for fair and
equitable treatment of all sign users, and to establish a reasonable
period of time for the elimination of nonconforming signs.
(b) General rules and applicability.
(1) No sign on private property shall be erected or changed in any
manner without compliance with the regulations stated herein.
Routine maintenance shall not be subject to this Chapter.
(2) These regulations are intended to be exclusionary and any sign
not specifically listed shall be prohibited.
(3) These regulations are structured within the two general catego-
ries of temporary and permanent signs. Temporary signs are
governed by the provisions of Section 36-62(a)(1)f. Permanent
signs may be either off -premises or on -premises signs. Off -
premises signs are governed by the provisions of Section
36-62(a)(2)j. All on -premises signs are governed by the
regulations of the zone in which they are located.
(4) In all zones a maximum sign allowance is permitted for all
permanent signs placed on a building. Any quantity or type of
building sign may be erected within this maximum allowance and
according to the specific requirements of the zone in which the
building is located.
The building sign allowance shall relate to the wall on
which a sign is to be placed and shall be determined by calcu-
lating a percentage of the total square footage of the sign
wall, as specified in the zone. In the case of two or more uses
or occupants in a single building, the total building signage on
a wall for all the uses shall not exceed the maximum building
sign allowance for that wall.
Free-standing signs, monument signs, or any other signs not
mounted on a building are not included in this maximum building
sign allowance and are governed by the specific requirements of
the zone.
(5) In any case in which the Code of Iowa is more restrictive than
the regulations contained herein, the Code of Iowa shall be
applied.
�-qe
Page 2
Sec. 36-61. Definitions.
The following definitions shall be applicable to the provisions of the
sign regulations. The definitions contained in Section 36-4 of this
Chapter shall apply to all terms not herein defined:
(a)(1) Advertising sign. A sign that displays the type or name of a
product, good or service sold either on or off the premises on
which the sign is located.
(2) Animated sign. Any sign or part of a sign that moves or has in-
termittent lighting.
(3) Awning sign. A building sign placed on the surface of an awning.
(b)(1) Balloon. An inflatable bag filled with gas and displayed in such
a way as to attract attention to the premises on which it is
located.
(2) Banner. A strip of flexible material such as cloth, paper or
plastic securely fastened on all corners to a building or a
structure and used to advertise a special event.
j (3) Billboard. An off -premises sign on which poster panels or bulle-
tins are mounted. Billboard signs are not free-standing signs or
monument signs.
(4) Building sign. Any sign which is in any way attached to a
building or to an appurtenance of a building.
(c)(1) Canopy sign. A building sign attached to or in any way incorpo-
rated with the face or underside of a canopy, marquee, or any
other similar building projection, and which does not extend
beyond the projection by more than six (6) inches.
(2) Changeable copy sign. A sign, such as a reader board, which has
components which are easily changeable by physical and not
electronic methods.
(3) Common sign. A sign which serves two (2) or more uses.
(4) Construction sign. A temporary sign identifying the architects,
engineers, contractors and other individuals involved in the con-
struction of a building and/or announcing the future use of the
building.
(d)(1) Development sign. A monument sign designating the name of a sub-
division or large scale development.
(2) Directional sign. A sign designed to guide or direct pedestrian
or vehicular traffic and containing no advertising message.
(3) Directory sign. A sign displaying the name of a building,
building complex and/or the occupants.
(4) Drive-thru restaurant menu sign. A sign displaying a menu or
similar advertising for the purpose of allowing patrons of a
restaurant to order food at a drive-thru facility.
(e)(1) Electronic sign. A sign on which a changing message is displayed
through the use of an electronically controlled and illuminated
medium. An electronic sign is considered to be an animated sign.
(f)(1) Facia sign. A single -faced building sign which is parallel to or
at an angle of not more than 45 degrees from the wall of the
building on which it is mounted. Such signs do not extend more
than one (1) foot out from vertical walls nor more than one (1)
foot out at the signs closest point from nonvertical walls.
(2) Filling station signs. Signage which generally appears as an
integral part of the equipment accessory to automotive service
stations and other establishments engaged in the dispensing of
motor vehicle fuel or oil, including but not limited to gasoline
pumps, oil display racks, and portable tire racks.
#W
Page 3
(3) Flag, private. A private flag is any flag displaying the name,
insignia, logo or emblem of an individual or a profit-making
entity.
(4) Flag, public. A public flag is any flag displaying the name,
insignia, emblem or logo of the United States, the State of Iowa,
the City, or a non-profit organization or institution.
(5) Free standing sign. A sign which is supported by one or more
up -rights or braces which are firmly and permanently anchored in
or on the ground, and which is not attached to any building or
wall.
(g)(1) Grand opening sign. See "Special event sign."
(2) Going -out -of -business sign. A sign announcing a sale resulting
from the termination of a business on the premises.
(h)(1) Hazardous sign. A sign which, because of its construction or
state of disrepair may fall or cause possible injury to pas-
sers-by, as determined by the City; a sign which because of its
location, color, illumination, or animation, interferes with,
obstructs the view of, or is confused with any authorized traffic
sign, signal, or device; or a sign which makes use of the words
"stop," "go slow," "caution," "drive in, danger ,or any other
word, phrase, symbol, or character in such a way as to interfere
with, mislead, or confuse traffic.
(i)(1) Identification sign. A sign displaying the name, address, crest,
insignia or trademark, occupation or profession of an occupant of
a building or the name of any building on the premises.
(2) Illuminated sign. Any sign in which a source of light is used to
make the message readable. An illuminated sign need not be an
electronic sign.
(3) Institutional sign. A sign which displays the name of a religious
institution, school, library, community center, civic, cultural or
historic institution, nursing home, hospital or similar institu-
tion and the announcement of its services or activities.
(4) Integral sign. A sign carved into stone, concrete or other
building material, or made of bronze, aluminum or other permanent
type of construction and made a part of the building to which it
is attached.
(j) Reserved.
(k) Reserved.
(1) Reserved.
(m)(1) Marquee sign. See "Canopy Sign."
(2) Monument sign. A sign which is integral to its base and is firmly
anchored to the ground.
(n)(1) Non -conforming sign. A sign other than a prohibited sign, that
does not comply with the regulations of the zone in which it is
located by reason of these or any other regulations adopted after
the erection of the sign.
(o)(1) Obsolete sign. A sign that advertises an activity, business,
product, or service no longer conducted.
(2) Off -premises sign. A sign which directs attention to a use
conducted off the lot on which the sign is located.
(3) Or-premises
or edirectingn. A attention which
tohas
thethe
lotimonywhichosthef sign tis
located.
(p)(1) Painted sign. A sign painted directly on an exterior surface of a
building other than the windows.
#09,
Page 4
(2) Parapet sign. A facia sign erected on a parapet or a parapet
wall.
(3) Permitted sign. A sign which is allowed in the zone in which it
is listed, subject to compliance with the requirements of the sign
regulations.
(4) Portable sign. A sign that is not firmly and permanently anchored
or secured to either a building or the ground and is not expressly
permitted under these regulations as a temporary sign.
(5) Political sign. A temporary sign announcing candidates seeking
public office, a political issue, or a sign containing other
election information, such as "vote today." Political signs shall
not be construed to be off -premises signs.
(6) Poster. A temporary sign on a card or sheet of paper, plastic or
other similar material intended to advertise or publicize a
product or event.
(7) Prohibited sign. A sign, other than a non -conforming sign, not
permitted by this Chapter.
(8) Projecting sign. A building sign which extends more than one (1)
foot out from the wall of the building on which it is mounted.
(9) Provisional sign. A sign which is permitted in a zone under
certain circumstances.
(10) Public art. Any work of art exposed to public view from any
street right-of-way which does not contain any advertising, com-
mercial symbolism such as logos and trade marks, or any represen-
tation of a product.
(11) Public sign. A sign of a non-commercial nature and in the public
interest erected by or upon the order or authorization of the City
or other public agency. Such signs include but are not limited to
safety signs, zoning signs, memorial plaques, signs for structures
or sites of historical interest and all similar signs.
(q) Reserved.
(r)(1) Real estate sign. A temporary sign which advertises the sale,
rental, or lease of the premises or part of the premises on which
the sign is located, including open house directional signs.
(2) Roof sign. A sign erected upon or above a roof of a building and
affixed to the roof.
(s)(1) Seasonal decoration. A display, which does.not constitute a sign,
pertaining to recognized national, state, or local holidays and
observances.
(2) Sign. Any structure or medium, including its component parts,
which is visible to the public from a street or public right-
of-way, and which is used or intended to be used to direct
attention to a business, product, service, subject, idea, prem-
ises, or thing. Signs shall not include buildings or landscaping.
The term sign includes, but is not limited to, all reading
matter, letters, numerals, pictorial representations, emblems,
trademarks, inscriptions, and patterns, whether affixed to a
building or separate from a building. Public art, seasonal
decorations, and directional symbols on paved surfaces are not
included in this definition.
(3) Sign face. The surface of the sign upon which is affixed reading
material, letters, numerals, pictorial representations, emblems,
trademarks, inscriptions and/or patterns.
#r6
Page 5
(4) Sign wall. The wall of a building upon which a sign is mounted
including elements of the wall or any member or group of members
which define the exterior boundaries of the side of the building
on which the sign is mounted, and which has a slope of 45 degrees
or greater with the horizontal plane.
(5) Special events sign. A sign announcing grand openings, the
Parade of Homes, philanthropic events, events of non-profit
organizations, or events of civic interest.
(6) Spinner. A device shaped in a form similar to a propeller and
designed to rotate in the wind to attract attention to the
premises on which it is located.
(7) Swinging sign. A sign which, because of its design, construction,
suspension or attachment is free to swing or move noticeably
because of pressure from the wind.
(t)(1) Temporary sign. A sign intended for a period of display of not
more than 30 days, which shall be removed upon completion of the
activity or project denoted by the sign. Such signs may be
erected in addition to signs otherwise permitted.
(2) Time and temperature sign. An identification sign which shows the
I time and/or temperature.
(u)(1) Use. For the purpose of the sign regulations, use shall mean a
principal use as defined in this chapter.
(v) Reserved.
(w)(1) Window sign. A building sign permanently affixed to a window,
` embedded in a window or hanging adjacent to a window and obviously
1 intended to be viewed through the window by the public. Merchan-
dise or product displays, posters, signs painted on windows and
temporary signs are not included in this definition.
(x) Reserved.
(y)(1) Yard sale sign. A temporary sign advertising a yard sale or a
garage sale.
(z) Reserved.
Sec. 36-62. Permitted signs.
(a) Signs permitted in all zones. The signs listed below shall be
regulated as described below.
(1) Signs not requiring a permit. The following signs may be erected
in addition to the signage permitted in each zone without
obtaining a permit. These signs shall not be applied toward the
maximum sign allowance specified in the zones, except as
otherwise indicated in this subsection.
a. Construction signs. Non -illuminated construction signs not
to exceed a total of 64 square feet or 32 square feet per
sign face shall be permitted for each lot. Such signs shall
not exceed a height of five (5) feet in residential zones or
10 feet in other zones nor be closer than five (5) feet to
any property line unless located on the wall of a building,
fence, or protective barricade surrounding the construction.
Construction signs shall be removed prior to the issuance of
the Certificate of Occupancy.
b. Filling station signs.
c. Identification signs not exceeding two (2) square feet in
area.
Page 6
d. Informational window signs. Window signs displaying informa-
tion about the operation of the business, including but not
limited to days and hours of operation, telephone number and
credit cards or bank cards accepted. Such signs shall not
exceed a maximum area of two (2) square feet.
e. Public flags and one (1) private flag displayed in conjunc-
tion with public flags.
f. Public signs.
g. Real estate signs. One (1) non -illuminated real estate sign
not to exceed eight (8) square feet or four (4) square feet
per sign face in residential zones, or 64 square feet (32
square feet per sign face) in other zones, shall be permit-
ted on each lot. Such signs shall not exceed a height of
five (5) feet in residential zones or 10 feet in other zones
nor be closer than five (5) feet to any property line unless
located on the wall of a building or fence. Such signs
shall be removed within 48 hours after the sale of the
property.
h. Temporary signs. The signs listed are temporary signs, the
use of which is limited to a maximum of 30 days, and are
subject only to the regulations listed below:
1. Political signs. Political signs shall be subject to the
following requirements:
i. In residential zones, non -illuminated political
signs none of which may exceed twelve (12) square
feet in area, may be displayed on each premises.
Such signs shall not be erected earlier than 30 days
prior to the date of the election for the candidate
or issue indicated on the sign and all such signs
shall be removed no later than seven (7) days after
the election date.
ii. In other zones, political signs shall conform to the
applicable regulations for permitted signs in the
zone.
2. Posters and other non -permanent signs in windows.
3. Yard sale signs.
(2) Signs requiring a permit. The following signs may be erected
and shall comply with the requirements of Sec. 36-64(b). These
signs shall be applied toward the maximum signage allowance
specified in each zone, except as otherwise indicated in this
subsection.
a. Changeable copy signs. Such signs shall be erected in
accordance with the dimensional requirements of the zone in
which the sign is located.
b. Development signs. One (1) development sign not to exceed a
total of 64 square feet or 32 square feet per sign face
shall be permitted at each street entrance to a subdivision
or large scale development.
c. Directional signs. Such signs shall not exceed a total of
four (4) square feet or two (2) square feet per face in R
zones, or a total of six (6) square feet or three (3) square
feet per face in all other zones.
d. Directory signs.
4L�8
Page 7
e. Drive-thru restaurant menu signs. The total square footage
of these signs may not exceed ten square feet and shall be
in addition to the signs permitted in the zone and shall not
be applied toward the maximum signage allowance.
f. Going -out -of -business signs. These signs shall be non -illu-
minated and not exceed 100 square feet. A going out of
business sign may be displayed for up to 60 days. The sign
permit shall be automatically renewed with the renewal of a
going out of business license so long as the total time
period in which the sign is displayed does not exceed 90
days. The use of going out of business signs is restricted
to one (1) time in a 12 month period for a single business.
Going -out -of -business signs shall not be applied towards the
maximum signage allowance specified in each zone.
g. Institutional signs. One (1) institutional sign, not to
exceed a total of 48 square feet or 24 square feet per sign
face shall be permitted for each institution. No such sign
shall exceed a height of five (5) feet above grade.
h. Integral signs. Such signs existing prior to the adoption
of these regulations shall not be applied toward the maximum
sign allowance of the building to which they are attached.
i. Large scale real estate signs. One (1) non -illuminated
monument real estate sign not to exceed a total of 64 square
feet or 32 square feet per sign face shall be permitted per
subdivision or development of greater than two (2) acres in
size. Such signs shall not exceed a height of 10 feet and
shall be removed upon the sale or lease of 50 percent of the
lots or units in the subdivision or development. These
signs shall not be applied toward the maximum signage allow-
ance specified in each zone. Large scale real estate signs
shall not be considered off -premises signs.
j. Off -premises signs.
1. Off -premises signs shall not be permitted in residen-
tial, CO -1, CN -1, CB -10 and ORP zones. In the CB -2 zone,
only off -premises facia signs shall be allowed. Off -
premises signs may be billboard signs or any other type
of sign allowed in the zone in which the sign is
located.
2. Not more than one (1) off -premises sign may be erected
or maintained per lot. Two or more uses may erect a
common off -premises directional sign. No off -premises
sign shall be located closer than 300 feet to another
off -premises sign.
3. No off -premises sign shall be located within 120 feet of
a residential zone, a public park, public or parochial
school, religious institution, cemetery, public museum,
or the administrative or judicial offices of city,
county, state or federal governments.
4. An off -premises sign shall be permitted in addition to
the on -premises signage permitted on a lot. The area of
the off -premises sign shall be deducted from the total
sign area allowed for the same type of on -premises
signage.
5. Off -premises billboard signs shall not exceed a height
of 25 feet.
Y1�0
Page 8
6. Off -premises billboard signs shall be permitted an area
of 144 square feet or 72 square feet per sign face.
Billboard signs shall not be applied toward the maximum
signage allowance permitted on a lot.
7. Off -premises signs shall comply with all other sign re-
quirements of the zone in which they are located.
k. Special events signs. One (1) non -illuminated sign not to
exceed 100 square feet is permitted on a lot. The use of a
special events sign is restricted to no more than four (4)
times in a 12 month period and for a single duration of no
more than 30 days. Special events signs may include banners,
but shall not include any sign prohibited by these regula-
tions, Section 36-62(b). Special events signs shall not be
applied toward the maximum signage allowance specified in
each zone.
(b) Prohibited signs. The following signs are specifically prohibited in
all zones:
(1) Animated signs, excluding barber pole signs that do not exceed
three (3) feet in height and nine (9) inches in diameter and
excluding time and temperature signs.
(2) Balloons.
(3) Hazardous signs.
(4) Obsolete signs.
(5) Portable signs including signs on wheels, trailers and truck
beds and excluding those temporary signs expressly permitted
herein.
(6) Roof signs.
(7) Search lights.
(8) Spinners or other similar devices.
(9) Swinging signs.
(c) Signs permitted by zone.
(1) ID, R and OPOH zone regulations.
a. Permitted signs.
1. Principal uses other than single family dwellings and
duplexes shall be permitted one identification facia or
monument sign.
2. Nonresidential uses in the ID -ORP zone, other than ORP
uses, shall be required to comply with the sign regula-
tions of the CO -1 and CN -1 zones.
3. Residential uses in the OPOH zone shall be permitted
signage in accordance with the requirements of the un-
derlying zone. Commercial uses approved as part of a
planned development shall comply with the signage
requirements of the CO -1 and CN -1 zones.
4. ORP uses in an ID -ORP zone shall be permitted signage in
accordance with the requirements of the ORP zone.
b. Provisional signs.
1. Home occupations allowed in accordance with Section
36-56(b)(4) shall be permitted one (1) nonilluminated
facia sign not to exceed one (1) square foot.
c. Dimensional requirements.
1. Sign: Facia (in IO -RS, RR -1, RS -5, RS -8, RMH and
RS -12).
Maximum Area: 4 sq. ft.
Maximum Heiqht: Top of first story.
1#O
Page 9
2. Sign: Facia (in ID -RM, RM -12, RM -20, RNC -20, RM -44 and
RM -145 zones).
Maximum Area: 12 sq. ft.
Maximum Hei ht: Top of first story.
3. Sign: Monument (in ID -RS, RR -1, RS -5, RS -8, RMH and
R2).
Maximum Area: 24 sq. ft., or 12 sq. ft. per sign face.
Wax —um ii—ei ht: Five (5) feet.
4.Sign: Monument (in ID -RM, RM -12, RM -20, RNC -20, RM -44
and RM -145 zones).
Maximum Area: 48 sq. ft., or 24 sq. ft. per sign face.
axtmTi� um fCeight: Five (5) feet.
(2) CO -1 and CN -1 zone regulations
a. Permitted signs.
1. Signage for residential uses shall comply with the re-
quirements for residential uses in the RM zones (Sec.
i 36-62(c)(1)c.
2. Facia signs.
3. Canopy signs.
4. Monument signs.
5. Awning signs.
6. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. Said sign shall not
exceed the lessor of two (2) square feet per lineal foot
of lot frontage or 100 square feet (50 square feet per
sign face).
2. Barber pole signs provided they do not exceed three (3)
feet in length and nine (9) inches in diameter.
3. Time and temperature signs which do not exceed 50 square
feet in area or 25 square feet per face, do not project
more than six (6) feet into the public right-of-way, and
are not less than 10 feet above grade.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
which the sign is to be mounted,
2. Individual signage allowances.
a. __S�igg�n�: Facia.
Taaximum Area: 10% of the sign wall area.
Maximum Height:
None.
b. Sign: Canopy.
Raximum Area: Eight (8) square feet.
Maximum Hecht: Top of first story.
c. Sk�ig4_nn: Awning.
axJJ
Area: 25% of the surface of the awning.
Maximum Hei ht: Top of first story.
i d. 3 tgn: to ow.
Maximum Area: 25% of the area of the window.
Ma
um
None.
A#f
Page 10
e. Sign: Monument.
Maximum Area: Two (2) square feet per foot of lot
frontage, not to exceed a total of 100 square feet
or 50 square feet per sign face.
Maximum Height: Five (5) feet.
(3) CH -1, CC -2 and CI -1 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the RM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Only one (1) of the following types of signs:
i. Monument sign.
ii. Free-standing sign.
4. Canopy signs.
5. Awning signs.
6. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument or free-standing sign may be erected. The
maximum area of the common sign may be 50% larger than
the area of the maximum individual sign allowed.
2. Two free-standing or monument signs are permitted
provided that the distance between the two signs is no
less than 150 feet as measured along the frontage of a
single lot.
3. In the CC -2 zone, barber pole signs are permitted
provided they do not exceed three (3) feet in length and
nine (9) inches in diameter.
4. Time and temperature signs which do not exceed 50 square
feet in area or 25 square feet per sign face, do not
project more than six (6) feet into the public right-
of-way, and are not less than 10 feet above grade.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
which the sign is located.
2. Individual signage allowances.
a. Sign: Facia.
Maximum Area: 10% of the sign wall area.
Maximum Height:
one.
b. Sign: Monument.
Maximum Area: Two (2) square feet per lineal foot of
of f� rontage, not to exceed 100 square feet or 50
sq. ft, per sign face.
Maximum Height: Five (5) feet.
c. Si n: Free-stanOlng.
aximum Area: Two (2) square feet per lineal foot of
lot frontage, not to exceed 250 square feet or 125
square feet per sign face.
Maximum Height:
22 7_eet.
�Tn
Page 11
d. Sign: Canopy.
Maximum Area: 12 square feet.
axtmum etg t: Top of first story.
e. Sign: Awning.
Maximum Area: 25% of the surface of the awning.
Maximum Het ht: Top of first story.
f. tgn: to aw.
Maximum Area: 25% of the area of the window.
(4) CB -2 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the RM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Only one (1) of the following signs:
(i) Monument sign.
(ii) Free-standing sign.
4. Canopy signs.
5. Awning signs.
6. Window signs.
b. Provisional signs.
1. Time and temperature signs which do not exceed 50 square
feet in area or 25 square feet per sign face, do not
project more than six (6) feet into the public right-
of-way, and are not less than 10 feet above grade.
2. Barber pole signs, provided they do not exceed three (3)
feet in length and nine (9) inches in diameter.
3. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. The maximum area of
the common sign may be 50 percent larger than the area
of the maximum individual sign allowed.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
which the sign is to be located.
2. Individual signage allowances.
a. Sign: Facia.
Maximum Area: 10% of the sign wall area.
Maximum Height:
None.
b. Ste: Monument.
Maximum Area: Two (2) square feet per lineal foot of
o ron age, not to exceed 100 square feet or 50
sq. ft. per sign face.
Maximum Height: Five (5) feet.
c. SS' n': Free-standing.
Maximum Area: Two (2) square feet per lineal foot of
of frontage, not to exceed 100 square feet or 50
sq. ft. per sign face.
Maximum Het ht: 25 feet.
d. tgn: Canopy.
Maximum Area: 12 square feet.
axtmum eight: Top of first story.
//q
Page 12
e. Sign: Awning.
Maximum Area: 25% of the surface of the awning.
Maximum Hei ht: Top of first story.
f. St— n: Wi
?mum Area: 25% of the area of the window.
Maximum Height:
one.
(5) CB -10 zone regulations.
a. Permitted signs.
1. Signage for residential uses shall comply with the sign
requirements for residential uses in the RM zones (Sec.
36-62(c)(1)c).
2. Facia signs.
3. Canopy signs.
4. Awning signs.
5. Window signs.
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument sign shall be permitted. The area of such sign
shall not exceed a total of 24 square feet or 12 square
feet per sign face.
2. Barber pole signs, provided they do not exceed three (3)
feet in length and nine (9) inches in diameter.
3. Time and temperature signs which do not exceed 50 square
feet in area or 25 square feet per sign face, do not
project more than six (6) feet into the public right-
of-way, and are not less than ten (10) feet above
grade.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
which the sign is located.
2. Individual signage allowances.
a. Sign: Facia.
Maximum Area: 10% of the sign wall area.
axtmum etg t:
None.
b. Sign: Canopy.
axtmum Area: 12 square feet.
axtmum etg t: Top of first story.
c.
: 25% of the surface of the awning.
ht: Top of first story.
d. Win: Window.
Maximum Area: 25% of the area of the window.
.I...0 •
(6) I-1, I-2 and ORP zone regulations.
a. Permitted signs.
1. Facia signs.
2. Only one (1) of the following signs:
a. Identification monument sign.
b. Identification free-standing sign.
3. Window signs.
//q
Page 13
b. Provisional signs.
1. When two (2) or more uses are located on a lot, a common
monument or free-standing sign may be erected. The
maximum area of the common sign may be 50% larger than
the area of the maximum individual sign allowed.
2. In the I-1 and I-2 zones, two free-standing or monument
signs are permitted provided that the distance between
the two signs is no less than 150 feet as measured along
the frontage of a single lot.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building
sign area per sign wall equal to 15% of the sign wall on
which the sign is to be located.
2. Individual signage allowances.
a. Sign: Facia.
Maximum Area: 10% of the sign wall area.
Maximum Height:
None.
b. Sidn: Monument.
Maximum Area: Two (2) square feet per lineal foot
of ot frontage, not to exceed 150 square feet or
125 sq. ft. per sign face.
Maximum Nei ht:
Five eet.
C. S_ n Free-standing.
Maximum Area: One (1) square foot per lineal foot of
lot frontage not to exceed 100 square feet or 50 sq.
ft. per sign face.
Maximum Height: 25 feet.
d. Si n: Winaow`.
?mum Area: 25% of the area of the window where it
is mounted.
Maximum Height:
one.
Sec. 36-63. Additional Regulations
(a) Dimensional requirements.
(1) Maximum sign area. For free-standing and monument signs, the
individual signage allowance includes the total area of all sign
faces associated with that sign and no sign face shall exceed
one-half of the allowed sign area. For building signs, the
maximum building sign area shall represent the total area of all
building signs added together. The building sign area may be
divided up among any of the building signs permitted in the zone
in which the use is located, provided that each individual sign
does not exceed the maximum size limits established for that
zone. The maximum number of signs and the maximum sign areas,
as provided herein, shall be applied on a per lot basis.
(2) Sign wall area. Where size of a sign is regulated by the sign
wall area, the sign wall area shall be the total area of the
wall on which the sign is to be mounted.
(3) Sign area determination. The area of each sign, regardless of
shape, shall be computed by determining the area of a triangle,
rectangle or circle which completely encloses the outer perime-
ter of the sign face, or which completely encloses the whole
group of characters or words in the case of a sign composed of
7�
Page 14
characters or words attached directly to a building or an appur-
tenance to a building. When multiple sign faces are attached to
a single sign support and face the same direction, the faces and
any area between them shall be viewed as one sign face and shall
be measured from the extremities of the sign face.
(4) Sign height determination. The maximum height of a sign shall
be the measurement from grade to the highest point on the sign.
In the case where a minimum height is established, the minimum
height shall be measured from grade to the lowest point on the
sign.
(5) Minimum sign height. A canopy sign or free-standing sign shall
not be less than ten (10) feet above grade.
(b) Locational requirements.
(1) No billboard, canopy, free-standing or monument sign or sign
support shall be located within a triangular area at street
intersections, where the triangle is measured from the intersec-
tion of curb lines and its sides are 70 feet in length along
arterial streets, 50 feet in length along collector streets, and
30 feet in length along local streets, except that signs may
project into this area at 10 or more feet above grade.
(2) No part of a billboard, canopy, free-standing or monument sign
or sign support shall be located within five (5) feet of any lot
line except that signs may be closer than five (5) feet at ten
feet or more above grade, provided that no part of the sign or
sign support overhangs any property lines.
(3) No sign shall obstruct ingress to or egress from any door,
window or fire escape. No sign shall be attached to a stand pipe
or fire escape.
(4) Building signs may be located on any building wall. However, no
single sign wall may be covered by more than 15%.
(c) Requirements for signs adjacent to residential zones.
(1) Signage and area requirements of the CO -1 and CN -1 zones shall
apply to signs which are within 100 feet of a residential zone.
(2) Except for facia signs, no sign shall be located in a required
front yard within 50 feet of a residential zone.
(3) Facia signs located within 50 feet of a residential zone on the
same side of the street shall not be placed on the wall of the
building facing the residential zone.
(d) Requirements for illuminated signs. Illuminated signs shall conform
to the following requirements:
(1) Except for signs in the IO and residential zones and special
event signs, all permitted signs may be internally or externally
illuminated. Those signs permitted in the ID and residential
zones and special event signs may only be externally illuminated
with white light.
(2) Illumination through the use of exposed lamps and/or inert gas
tubes shall be allowed provided the exposed lamp does not exceed
11 watts or that an inert gas tube does not draw more than 60
milliamps. When inside frosted lamps or exposed lamps with a
diffusing screen are used, no lamp shall exceed 25 watts.
(3) Artificial light sources used to illuminate a sign face shall
not be visible from any street right-of-way.
(4) Illuminated signs shall comply with the provisions of Section
35-64(d).
ZALCI
7Ta
Page 15
(e) Construction. All signs except those temporary signs enumerated in
Sec. 36-62(a)(1)(f) shall be designed and constructed to withstand a
wind pressure of not less than 30 pounds per square foot of area and
loads as required by the Building Code.
(f) Maintenance. All signs shall be maintained in such a manner as to
avoid becoming a hazardous sign.
(g) Removal. In accordance with the following procedure, the Building
UT cial or his/her designee shall be authorized to require the
removal of any illegal or prohibited sign.
(1) Before taking action to require the removal of any illegal or
prohibited sign, the Building Official or his/her designee shall
provide written notice to the owner or operator of the business
to which the sign relates.
(2) The notice shall specify that the illegal or prohibited sign
shall be removed or brought into compliance with this section
within a reasonable time of such notice.
(3) If the sign is not removed or repaired, as the case may be,
within the time allowed, the Building Official or his/her
designee is hereby authorized to have the sign removed to be
used as evidence and assess the costs of removal against the
property for collection in the same manner as a property tax.
(h) Nonconforming Signs. It is the intent of these regulations that all
noncom orming signs be eliminated as set forth below.
(1) All signs which are or become non -conforming by adoption of
these regulations shall be permitted to remain as non -conforming
signs.
(2) Owners of nonconforming signs shall be required to comply with
the maintenance provisions of Sec. 36-63(f). Any change or
alteration to a non -conforming sign shall require compliance
with the provisions of this Chapter.
(i) S ecial sin rovisions. The following signs shall be regulated in
accordance with the following criteria:
(1) Signs for nonconforming uses. A nonconforming use shall be
permitted to have the same amount and type of signage as would
be allowed for such use in the most restrictive zone in which
such use is allowed.
(2) Historic signs, signs for historic structures and signs on
structures in historic zones. The Board of Adjustment may, by
special exception, allow signs which do not conform to the
provisions of this Chapter under the circumstances described
below. All applications for special exceptions hereunder shall
be referred to the Historic Preservation Commission for review
and comment and shall be subject to the specific standards
listed below and to the general standards of Section
36-91(g)(2).
a. For buildings registered on the National Register of
Historic Places or in an OHP zone, signage which does not
conform with the provisions of this Chapter may be allowed
if it is in keeping with the architectural character of the
structure, and is appropriate to a particular period in the
building's history or an integral part of its identity.
b. The Board may exempt an existing sign from the provisions of
Sec. 36-63(h)(1) if it can be demonstrated that said sign
makes a significant artistic or historic contribution to the
Page 16
community or neighborhood in which the sign is located,
subject to compliance with the maintenance requirements of
Sec. 36-63(f).
(3) Existing non-public signs located on or over public property.
Such signs shall be regulated in accordance with Chapter 31 of
the Iowa City Code of Ordinances. Any signs on or over the City
Plaza shall be regulated by Chapter 9.1 of the Iowa City Code of
Ordinances.
Sec. 36-64. License and permit requirements.
(a) License re uired.
1 Except for those signs not requiring a permit, as listed in
Section 36-62(a)(1), it shall be unlawful for any person to
erect, alter, move, improve, remove or convert any sign without
having a sign erector's license in good standing issued by the
City. A one-time sign erector's license shall be available to a
tenant or owner of a building to permit such person to install
his/her own sign.
(2) The license to erect, alter, move, improve, remove or convert
any sign as required herein shall be known as a sign erector's
license and shall be issued by the City to the person desiring
to perform the work indicated above. No such license shall be
issued to any person until such person shall have paid to the
City a license fee as established by resolution of City Council;
and shall have filed with the Department of Housing and Inspec-
tion Services a copy or a certificate of a contractor's public
liability insurance policy with coverage limits of $100,000.00
per person and $300,000.00 per occurrence for bodily injury and
$25,000.00 for property damage liability. The City of Iowa City
shall be designated as an additional insured and the policy
shall provide that the City is to be notified 30 days in advance
of the termination of the policy. The licensee shall indemnify
and save harmless the City from any and all damage, judgment,
cost or expense which the City may incur or suffer by reason of
said license issuance.
(3) A sign erector's license shall be valid for one (1) year from
the date of issuance. A one-time sign erector's license shall
be valid for 30 days from the date of issuance. The license
fees are set by resolution of the City Council.
(4) The Building Official or his/her designee shall be responsible
for enforcement of these provisions and shall be empowered to
suspend or revoke a sign erector's license for a violation of
the sign regulations or if the license was obtained by fraud, or
if the licensee allows any person not in his/her employ without
a valid erector's license to do or cause to be done any work
requiring a license.
A person aggrieved by the revocation, suspension or denial
of a license may appeal said action to the Board of Adjustment.
(5) If a license is revoked for any reason, another erector's
license shall not be issued to such person for twelve (12)
months after revocation.
(b) Permit required.
(1) No sign requiring a permit shall be erected, altered, moved,
improved, or converted without first obtaining a sign permit
from the Building Official or his/her designee and making
Page 17
payment of the required permit fee. In addition, all illumi-
nated signs shall be subject to the provisions of the Electrical
Code and the permit fees required thereunder.
(2) A separate permit shall be obtained for each sign.
(3) Only a person holding a valid sign erector's license issued by
the City may obtain a permit to perform work regulated by this
section.
(c)
Permit fees. Every applicant, before being issued a sign permit
shall pay to the City such fee as shall be established by resolution
of the City Council. However, any person found to be erecting,
altering, moving, improving, or converting any sign prior to the
issuance of a permit, or who has erected, altered, moved, improved,
j
or converted a sign prior to the issuance of a permit, shall be
charged double the normal fee. The payment of such double fee shall
not relieve any person from fully complying with the requirements of
these regulations in the execution of the work, nor from any other
penalties prescribed herein.
(d)
Permits for illuminated si ns. The application for a sign permit in
which electrical wiring an connections are to be used shall be
submitted prior to issuance of the sign permit. The Building
Official or his/her designee shall examine the plans and specifica-
tions for all wiring and connections to determine if they comply with
the Electrical Code.
(e)
Applications. Application for a sign permit shall be made upon a
i
form provided by the Building Official or his/her designee and shall
contain and have attached thereto a plot plan with the following
information:
(1) Name, address, telephone number, and sign erector's license
number of the applicant.
(2) Location of the sign and of the building, structure, or lot on
which the sign is to be attached or erected.
(3) Two (2) blueprints or drawings of the plans and specifications
of the sign with dimensions, notation of materials, the type of
construction, and method of attachment to the ground or build-
ing.
(4) Copy of stress sheets and calculations showing the structure is
designed in accordance with the Uniform Building Code.
(5) An application for an electrical permit required for an illumi-
nated sign.
(6) Such other information as may be required.
(f)
Permit issued. It shall be the duty of the Building Official or
Mshis he�nee, upon the filing of an application for a sign
permit, to examine such application; and if the proposed sign is in
compliance with the requirements of these regulations and all other
laws and ordinances of the City, the sign permit shall then be
issueed.
(g)
Permit ex iration. If the work authorized under a sign permit has
not been within six (6) months after date of issuance, said
permit shall become null and void.
SECTION
II. REPEALER. All ordinances and parts of ordinances in conflict
with
the provision of this ordinance are hereby repealed.
I
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Page 18
SECTION III. SEVERABILITY. If any section, provision or part of the Or -
such
s a e a ju g to be invalid or unconstitutional, such adjudi
cation shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitu-
tional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this 12th day of March, 1985.
K
M R
ATTEST: ,4 w zCITY CLERK Tay RK
H
It was moved by Erdahl and seconded by Zuber
that the Ordinance as reaU e a opte and upon roll call t ere wTi — ere:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x ERDAHL
X h1CDONALD
x STRAIT
X WEER
First consideration XWOMOMa
Vote for passage:
Second consideration XXY,)DCX M
Vote for passage:
Date published 3/16/85
Moved by Erdahl, seconded by Strait, 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 first and second consideration
and vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Ambrisco, Baker, Dickson, Erdahl,
McDonald, Strati, Zuber. Nays: None, i
I
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f
ORDINANCE NO. 85-3227
AN ORDINANCE AMENDING THE CITY CHARTER TO
CLARIFY THE MEANING OF CERTAIN PROVISIONS,
AND TO CONFORM CERTAIN TERMS AND PROVI-
SIONS TO THE STATE CODE.
BE IT ORDAINED BY THE CITY COU14CIL OF IOWA
CITY THAT:
SECTION I. PURPOSE. The purpose of
this or finance is to amend the City
Charter so that terms used therein are
consistent with similar terms in the Iowa
Code, to clarify certain provisions, the
meaning of which has been found to be
unclear, and to eliminate provisions which
are inconsistent with the Iowa Code.
SECTION II. AMENDMENTS. The following
sections and subsections of the City
Charter of Iowa City are hereby repealed,
namely, Definitions subsections 7 and 8,
and Sections 2.01, 2.03, 2.05, 2.06, 2.07,
2.08, 3.01, 3.02, 3.03, 4.04, 5.02, 6.04,
7.01, 7.02, 7.03, 7.04, 7.05, 8.01, and
8.02, and the following are hereby adopted
in lieu thereof:
1. Sections 7 and 8 of the DEFINITIONS
are hereby amended to read as follows:
7. "Eligible elector" means a person
eligible to register to vote in
Iowa City.
8. "Qualified elector" means a
resident of Iowa City who is
registered to vote in Iowa City.
2. Each of the following sections and
subsections shall be amended to read
as follows:
Section 2.01. Composition.
The City Council consists of seven
members. Four, to be known as
Council members at large, are to be
nominated and elected by the quali-
fied electors of the City at large.
The other three are to be known as
District Councilmembers; they are
to be nominated by the qualified
electors of their respective
districts, as provided by Article
III, and elected by the qualified
electors of the City at large.
i Section 2.03. Eligibility.
To be eligible to be elected to and
to retain a Council position, a
person must be an eligible elector
of Iowa City, and if seeking or
elected to represent a Council
District, must be a domiciliary of
that Council District.
Section 2.05. Compensation.
The Council, by ordinance, shall
prescribe the compensation of the
Mayor and the other Councilmembers,
and the Council shall not adopt
such an ordinance during the months
of November and December immedi-
ately following a regular City
election.
Section 2.06. Mayor.
A. Immediately following the
beginning of the terms of
Councilmembers elected at the
regular City election, the
Council shall meet and elect
from among its members the
Mayor and Mayor pro tem for a
term of two years.
B. The Mayor is a voting member of
the Council, the official rep-
resentative of the City,
presiding officer of the
Council and its policy spokes-
man. The Mayor shall present to
the City no later than February
28, an annual State of the City
message.
C. The Mayor pro tem shall act as
Mayor during the absence of the
Mayor.
Section 2.01. General powers and
duties.
All powers of the City are vested
in the Council, except as otherwise
provided by State law or this Char-
ter.
Section 2.08. Appointments.
A. The Council shall appoint the
City Manager.
B. The Council shall appoint the
City Clerk.
C. The Council shall appoint the
City Attorney and such other
legal counsel as it finds
necessary and it shall provide
for the appointment of the city
legal staff.
0. The Council shall appoint all
members of the City's Boards,
i except as otherwise provided by
State law.
U
E. The Council shall fix the
amount of compensation, if any,
of persons it appoints and
shall provide for the method of
compensation of other City
employees. All appointments and
promotions of City employees
shall be made according to job-
related criteria and be
consistent with nondiscri-
minatory and equal employment
I opportunity standards estab-
lished pursuant to law.
Section 3.01. Nomination.
A. An eligible elector of a
I council district may become a
candidate for a council
district seat by filing
the city clerk a valid petition
requesting that his or her name
be placed on the ballot for
that office. The petition must
I be filed not more than sixty-
five (65) days nor less than
forty (40) days before the date
of the election and must be
signed by eligible electors
from the candidate's district
equal in number to at least two
(2) percent of those who voted
to fill the same office at the
last regular city election, but
not less than ten (10) per-
sons.
0. An eligible elector of the
City may become a candidate for
an at-large Council seat by
filing with the city clerk a
petition requesting that the
candidate's e ballot forthabe placed that
The petition must be filed not
more than sixty-five (65) nor
less than forty (40) days
before the date of the election
and must be signed by eligible
electors equal innumber
to at
those
least two (2) percent
who voted to fill the same
office at the last regular city
election, but not less than ten
(10) persons.
Section 3.02. Primary election.
{ A. If there are more than two
' can
s for it
seat, a pimaryelectonmus-
t
be held for that seat with only
j the qualified electors of that
Council District eligible to
i vote. The names of the two
candidates who receive the
highest number of votes in the
j primary election are to be
placed on the ballot for the
regular City election as
candidates for that Council
seat.
j 1 B. Tf there are more than twice as
i many candidates as there are at
large positions to be filled,
there shall be a primary
election held unless the
Council, by ordinance, chooses
to have a run-off election.
Section 3.03. Regular city election.
A. In the regular City election,
each Council District seat up
for election shall be listed
separately on the ballot and
I only the names of candidates
nominated from the Council
District shall be listed on the
ballot as candidates for that
seat. However, all qualified
electors of the City shall be
entitled to vote for such
candidates. The three Council
District seats shall be
designated on the ballot as
Council District A, Council
District B and Council District
C.
B. The at large Council seats
shall be designated on the
ballot as such.
Section 4.04. Duties of city manager.
A. The City Manager shall be chief
administrative officer of the
City, and shall:
(1) Ensure that the laws of
the City are executed and
enforced.
(2) Supervise and direct the
administration of City
government and the
official conduct of
employees of the City
appointed by the City
Manager including their
employment, training,
reclassification, suspen-
41Q3
sion or discharge as the
occasion requires, subject
to State law.
(3) Appoint or employ persons
i to occupy positions for
which no other method of
i appointment is provided by
I State law or this Char-
ter.
(4) Supervise the administra-
tion of the City personnel
system, including the de-
termination of the compen-
sation of all City
employees appointed by the
City Manager, subject to
State law or this Char-
ter.
(5) Supervise the performance
of all contracts for work
to be done for the City,
make all purchaseslieof
materials and Supp
and assure that such
materials and supplies are
received and are of
specified quality and
character.
(6) Supervise and manager all
public improvements, works
and undertakings of the
City, and all City -owned
property including
buildings, plants,
systems, and enterprises
and to have charge of
their construction, im-
provement, repair and
maintenance, except where
otherwise provided by
State law.
(7) Supervise the making and
preservation of all
surveys, maps, plans,
drawings, specifications
and estimates for the
($)
City.
andrevocationde for the
licenses
and permits authorized by
State law or City ordi-
nance and cause a record
thereof to be maintained.
ZIf1
(9) Prepare and submit to the
Council the annual budgets
in the form prescribed by
State law.
(10) Provide the Council
monthly an itemized
i written monthly financial
report.
(11) Attend Council meetings
and keep the Council fully
advised of the financial
and other conditions of
the City as it needs.
(12) See that the business
affairs of the City are
transacted in an efficient
manner and that accurate
records of all City
business are maintained
and made available to the
public, except as other-
wise provided by State
law.
(13) Provide necessary and
reasonable clerical,
research and professional
assistance to Boards
within limitations of the
budget.
(14) Perform such other
further duties as the
Council may direct.
B. The City Manager, in performing
the foregoing duties, may:
(1) Present recommendations
and programs to the
Council and participate in
any discussion by the
Council of any matters
pertaining to the duties
of the City Manager.
(2) Cause the examination and
investigation of the
affairs of any department
or the conduct of any
employee under supervision
of the City Manager.
(3) Execute contracts on
behalf of the City when
authorized by the Coun-
cil.
Section 5.02. Appointment; removal.
The Council shall, subject to the
t requirements of State law, seek to
provide broad representation on all
Boards. The Council shall establish
11,F3
procedures to give at least thirty
days' notice of vacancies before
they are filled and shall encourage
nominations by citizens. The
Council shall establish conditions
for the removal of members for just
cause, consistent with State law.
Section 6.04. Violations.
The Council, by ordinance, shall
prescribe (1) penalties for the
violation of contribution limita-
tions and disclosure requirements
it establishes pursuant to this
section and (2) when appropriate,
conditions for the revocation of a
candidate's right to serve on
Council if elected, consistent with
State law.
Section 7.01. General provisions.
A. Authority.
(1) Initiative. The qualified
electors have the right to
propose ordinances to the
Council and, if the
Council fails to adopt an
ordinance so proposed
without any change in
substance, to have the
ordinance submitted to the
voters at an election.
(2) Referendum. The qualified
electors have the right to
require reconsideration by
the Council of an existing
ordinance and, if the
Council fails to repeal
such ordinance, to have it
submitted to the voters at
an election.
(3) Definition. Within this
article, "ordinance" means
all other measures of a
legislative nature,
however designated, which
(a) are of a permanent
rather than temporary
character and (b) include
a proposition enacting,
amending or repealing a
new or existing law,
policy or plan, as opposed
to one providing for the
execution or administra-
tion of a law, policy or
plan already enacted by
Council.
Tvv
B. Limitations.
(1) Subject matter. The right
of initiative and referen-
dum shall not extend to
any of the following:
(a) Any measure of an
executive or adminis-
trative nature.
(b) The City budget.
(c) The appropriation of
money.
(d) The levy of taxes or
special assessments.
(e) The issuance of
General Obligation
and Revenue Bonds.
(f) The letting of
contracts.
(g) Salaries of City
employees.
(h) Any measure required
to be enacted by
State or federal
law.
(i) Amendments to this
Charter.
(j) Amendments affecting
the City Zoning
t
except
P
those affecting a
tract of land two
acres or more in
size.
(2) Resubmission. No initia-
tive or referendum
petition shall be filed
within two years after the
same measure or a measure
substantially the same has
been submitted to the
voters at an election.
(3) Council repeal, amendment
and reenactment. No
ordinance proposed and
initiative p
adoptedby the vote of the
Council without submission
to the voters, or adopted
by the voters pursuant to
this article, may for two
i years thereafter be
repealed or amended except
by a vote of the people,
unless provision is
maeth
orig nale initiatives ordie
1113
nance. No ordinance
referred by referendum
petition and repealed by
the vote of the Council
without submission to the
voters, or repealed by the
voters pursuant
article, may be reenacted
for two years thereafter
except by vote of the
people, unless provision
is otherwise madein
the
original
dum
petition.
C. Construction.
(1) Scope of power. It is
intended that this article
confer broad initiative
and referendum powers upon
the qualified electors of
the City.
(2) Initiative. It is
intended that (a) no
initiative petition will
be invalid because it
repeals an existing
I ordinance in whole or in
part by virtue of propos-
ing a new ordinance and
(b) an initiative petition
may amend an existing
ordinance.
(3) Referendum. It is intended
that a referendum petition
may repeal an ordinance in
whole or in part.
D. Effect of filing petition. The
filing of an initiative or
referendum petition does not
suspend or invalidate any
ordinance under consideration
and such ordinance shall remain
in full force and effect until
its amendment or repeal by
Council pursuant to Section
7.05A or until a majority of
the qualified electors voting
on an ordinance vote to repeal
or amend the ordinance and the
vote is certified.
E. City obligation. An initiative
or referendum vote
twhih
repeals an existiag
in whole or in ptdoes not
ordinance
affect any obligations entered
agencies
into by the City,
t/gr3
10
or any person in reliance on
the ordinance during the time
it was in effect.
Section 7.02. Commencement of
proceedings; affidavit.
A. Commencement. One or more
qualified electors, hereinafter
referred to as the "petition-
ers," may commence initiative
or referendum proceedings by
filing with the City Clerk an
affidavit stating they will
supervise the circulation of
the petition and will be re-
sponsible for filing it in
proper form, stating their
names and addresses and speci-
fying the address to which all
relevant notices are to be
sent, and setting out in full
the proposed initiative
ordinance or citing the
ordinance sought to be recon-
sidered.
B. Affidavit. The City Clerk
shall accept the affidavit for
filing if on its face it
appears to have signatures of
one or more qualified electors.
The City Clerk shall issue the
appropriate petition forms on
the same day the affidavit is
accepted for filing. The City
Clerk shall cause to be
prepared and have available to
the public, forms and affida-
vits suitable for the commence-
ment of proceedings and the
preparation of initiative and
referendum petitions.
Section 7.03. Petitions; revocation
of signatures.
A. Number of signatures. Initia-
tive and referendum petitions
must be signed by qualified
electors equal in number to at
least twenty-five percent of
the number of persons who voted
in the last regular City
election, but by no fewer than
two thousand five hundred
qualified electors.
B. Form and content. All papers
of a petition prepared for
filing must be substantially
uniform in size and style and
70 1
11
must be assembled as one
instrument. Each person
signing shall provide, and the
petition form shall provide
space for, the signature,
printed name, and address of
the person signing, the date
the signature is executed, and
any other information required
by City Council. The form
shall also provide space for
the signer's birthdate, but a
failure to enter a birthdate
shall not invalidate a signer's
signature. Petitions prepared
for circulation must contain or
have attached thereto through-
out their circulation the full
text of the ordinance proposed
or sought to be reconsidered.
The petition filed with the
i City Clerk need have attached
to it only one copy of the
ordinance being proposed or
referred.
C. Affidavit of circulator. Each
paper of a petition containing
signatures must have attached
to it when filed an affidavit
executed by a Aaalified elector
certifying: the number of
signatures on the paper, that
he or she personally circulated
it, that all signatures were
affixed in his or her presence,
that he or she believes them to
be genuine signatures of the
persons whose names they
purport to be and that each
signer had an opportunity
before signing to read the full
text of the ordinance proposed
or sought to be reconsidered.
Any person filing a false
affidavit will be liable to
criminal penalties as provided
by State law.
0. Time for filing initiative
petitions. Signatures on an
initiative petition must be
secured and the petition filed
within six months after the
date the affidavit required
under Section 7.02A was filed.
1{4.3
12
E. Time for filing referendum
petitions. Referendum peti-
tions may be filed within sixty
days after final adoption by
the Council of the ordinance
sought to be reconsidered, or
subsequently at any time more
than two years after such final
adoption. The signatures on a
referendum petition must be
secured during the sixty days
after such final adoption;
however, if the petition is
filed more than two years after
final adoption, the signatures
must be secured within six
months after the date the
affidavit required under
Section 7.02A was filed.
F. Revocation of signature. Prior
to the time a petition is filed
with the City Clerk, a signa-
tory may revoke his or her
signature for any reason by
filing with the City Clerk a
statement of his or her intent
to revoke his or her signature.
After a petition is filed a
signatory may not revoke his or
her signature. The City Clerk
shall cause to be prepared and
have available to the public,
forms suitable for the revoca-
tion of petition signatures.
Section 7.04. Procedure after filing.
A. Certificate of City Clerk;
amendment. Within twenty days
after a petition is filed, the
City Clerk shall complete a
certificate as to its suffi-
ciency, specifying, if it is
insufficient, the particulars
wherein it is defective and
shall promptly send a copy of
the certificate to the peti-
tioners by registered mail. A
petition certified insufficient
for lack of the required number
of valid signatures may be
amended once if one or more of
the petitioners files a notice
of intention to amend it with
the City Clerk within two days
after receiving a copy of such
certificate and files a
supplementary petition upon
'W.3
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additional papers within
fifteen days after receiving a
i copy of such certificate. Such
supplementary petition shall
comply with the requirements of
Subsections B and C of Section
7.03, and within fifteen days
after it is filed, the City
Clerk shall complete a certifi-
cate as to the sufficiency of
the petition as amended and
promptly send a copy of such
certificate to the petitioners
by registered mail as in the
case of an original petition.
If a petition or amended
petition is certified suffi-
cient, or if a petition or
amended petition is certified
insufficient and one or more of
the petitioners do not amend or
request Covnrll review under
Subsection B of this Section
within the time prescribed, the
City Clerk shall promptly
present the certificate to the
Council.
B. Council review. If a petition
has been certified insufficient
by the City Clerk and one or
more of the petitioners do not
file notice of intention to
amend it or if an amended
petition has been certified
insufficient by the City Clerk,
one or more of the petitioners
may, within two days after
receiving a copy of such
certificate, file with the City
Clerk a request that it be
reviewed by the Council. The
Council shall review the cer-
tificate at its next meeting
following the filing of such a
request, but not later than
thirty days after the filing of
the request for review, and
i shall rule upon the sufficiency
of the petition.
C. Court review; new petition.
Each qualified elector has a
right to judicial review of
Council's determination as to
the sufficiency of a petition.
Proceedings for judicial review
will be equitable in nature and
V�
14
must be filed in the State
District Court for Johnson
County. The right to judicial
review is conditioned upon the
timely filing of a request for
Council review under Section
7.048, and the filing of the
petition for court review
within thirty days after
determination by Council as to
the sufficiency of the peti-
tion. A determination of
insufficiency, even if sus-
tained upon court review, shall
not prejudice the filing of a
new petition for the same
purpose.
D. Validity of signatures. A
petition shall be deemed
sufficient for the purposes of
this Article if it contains
valid signatures in the number
prescribed by Section 7.03 and
is timely filed, even though
the petition may contain one or
more invalid signatures. A
signature shall be deemed valid
unless it is not the genuine
signature of the qualified
elector whose name it purports
to be, or it was not voluntar-
ily and knowingly executed. A
valid signature need not be in
the identical form in which the
qualified elector's name
appears on the voting rolls,
nor may a signature be deemed
invalid because the address
accompanying the name on the
petition is different from the
address for the same name on
the current voting rolls if the
qualified elector's birth date
is provided and is as shown on
the voting rolls.
Section 7.05. Action on petitions.
A. Action by council. When an
initiative or referendum
petition has been determined
sufficient, the Council shall
promptly consider the proposed
initiative ordinance or
reconsider the referred
ordinance. If the Council fails
to adopt a proposed initiative
ordinance and fails to adopt an
78�
15
ordinance which is similar in
isubstance within sixty days, or
if the Council fails to repeal
the referred ordinance within
j thirty days after the date the
petition was finally determined
sufficient, it shall submit the
proposed or referred ordinance
to the qualified electors of
j the City as hereinafter
j prescribed. The Council shall
submit to the voters any
ordinance which has been
proposed or referred in
accordance with the provisions
of this Article unless the
petition is deemed insufficient
pursuant to Section 7.04. If at
any time more than thirty days
before a scheduled initiative
or referendum election the
Council adopts the proposed
initiative ordinance or adopts
an ordinance which is similar
in substance or if the Council
repeals a referred ordinance,
the initiative or referendum
proceedings shall terminate and
the proposed or referred
ordinance shall not be submit-
ted to the voters.
B. Submission to voters. The vote
on a proposed or referred
ordinance shall be held at the
regular city election or at the
general election which next
occurs more than forty (40)
days after the expiration of
the appropriate sixty- or
thirty -day period provided for
consideration or reconsiderati-
on in Section 7.05A, provided,
however, that the council may
provide for a special referen-
dum election on a referred
ordinance any time after the
expiration of the thirty -day
period provided for reconsid-
eration in Section 7.05A.
Copies of the proposed or
referred ordinance shall be
made available to the qualified
electors at the polls and shall
be advertised, at the city's
expense, in the manner required
for "questions" in Section
iff3
16
376 .5 of the Iowa Code. The
subject matter and purp
e of
the referred or proposed
ordinance shall be indicated on
the ballot.
Section 8.01. Charter amendments.
This Charter may be amended only by
one of the following methods:
A. The Council, by resolution, may
submit a proposed amendment to
the voters at a City election,
and a proposed amendment
becomes effective when approved
I by a majority of those voting.
B. The Council, by ordinance, may
amend the Charter. However,
within thirty (30) days of
publication of the ordinance,
if a petition signed by
eligible electors of the City
equal in number to ten percent
of the persons who voted at the
last preceding regular City
election is filed with the
Council, the Council must
submit the amending ordinance
to the voters at a City
election, and the amendment
does not become effective until
approved by a majority of those
voting.
c. If a petition signed by
eligible electors of the City
equal in number to ten percent
of the persons who voted at the
last preceding regular City
election is filed with the
Council proposing an amendment
to the Charter, the Council
must submit the proposed
amendment to the voters at a
City election, and the amend-
ment becomes effective if
approved by a majority of those
voting.
Section 8.02. Charter Revier Conmis-
i Sion.
The Council, using the procedures
prescribed in Article V, shall es-
tablish a Charter Review Commission
at least once every ten years
following the effective date of
this Charter. The Commission,
consisting
members,sf least at
hallreview the existing
Charter and may, within twelve
'V'f3
11
months recommend any Charter amend-
ments that it deems fit. The
Council shall submit such amend-
ments to the voters in the form
prescribed by the Commission, and
an amendment becomes effective when
approved by a majority of those
voting. The Commission may also
recommend to the Council that it
exercise its power of amendment
pursuant to Section 8.01.B. of this
Charter on a matter recommended by
the Commission.
SECTION III. REPEALER: All ordinances
an pars of ordinances in conflict with
the provisions of this ordinance are
hereby repealed.
SECTION IV. SEVERABILITY: If any
section, provision or part o this Ordi-
nance 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 un-
constitutional.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall a in effect after its final
passage, approval and publication as
required by law.
Passed and approved this 12th day of
"arch, 108'.
l�
ATTES . n C I
CIT ERC
e Reeehed g At�prov�
�f�3
N
Ord. No. 85-3227
It was moved by Erdahl and seconded by Strait
that the Ordinance as rea e a opte and upon roll call t ere were:
AYES: NAYS: ABSENT:
AMBRISCO
x BAKER
x DICKSON '
x ERDAHL
x WMNALD
x STRAIT
x ZUBER
x —
First consideration
Vote for passage:
Second consideration
Vote for passage:
Date published March 20, 1985
moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting
at consid-
erit is ation vote be waivedandordinanbe cenbedthe voted upontfordfinal passage
at this time.
Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber
Nays: None
7.3
ORDINANCE NO. 85-3228
AN ORDINANCE TO AMEND THE CITY CHARTER
WITH RESPECT TO CAMPAIGN FINANCE DISCLO-
SURE
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY THAT:
SECTION I. AMENDMENT. Section 6.02 of
the City Charter is hereby repealed, and
the following is adopted in lieu thereof:
Section 6.02. Disclosure of contribu-
tions and expenditures.
The Council, by ordinance, may
prescribe procedures requiring,
immediately before and after each
regular, special, primary, or run-off
election, the disclosure of the amount,
source and kind of contributions
received and expenditures made by (1)
each candidate for election to Council
and (2) any and all other persons, for
the purpose of aiding or securing the
candidate's nomination or election.
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 this Ordi-
nance 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 Ordi-
nance sha a in of ect after its final
passage; approval and publication as
required by law. 12th day of
Passed and a�proved this
March, 1985. /-) 111�
ATTEST:
Rpvc ,hjed & Approved
r -ral .k• mrl nt
11W
Ord. No. 85-3228
It was moved by Erdahl and seconded by Strait
, that the Ordinance as rea a adopted and upon ro ca ere
were:
AYES: NAYS:
x
x
x _
x _
x _
x _
x
First consideration
Vote for passage:
Second consideration
Vote for passage
ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
Date published March 20, 1985
Moved by Erdahl, seconded by Dickson, 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 first and second consid-
eration and vote be waived and the ordinance be voted upon for final passage
at this time.
Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco
Nays: Baker
PETITION
To the City Council of the City of Iowa City, Iowa:
There is submitted herewith electric and gas
franchise ordinances which we respectfully ask be
passed and approved. The existing franchise
ordinances terminated October 8, 1984. We request
consideration be given to the attached ordinances
at your early convenience.
Dated this 14th day of February 1985.
Respectfully submitted,
IOWA -ILLINOIS
SGGAS
ANDELECTRIC COMPANY
Ey
President
ORDINANCE N0, 85-3229
AN ORDINANCE ADOPTING THE 1984 EDITION OF
THE NATIONAL ELECTRICAL CODE, WITH
AMENDMENTS, AS THE IOWA CITY ELECTRICAL
CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION. I. PURPOSE. The purpose of
the ordinance is to a apt the 1984 edition
of the National Electrical Code as amended
1 herein, in order to provide for more
effective enforcement of the Electrical
Code, and to move the Electrical provi-
sions from Chapter 11 to Chapter 8 of the
Iowa City Code of Ordinances.
SECTIONII. REPEAL OF PRIOR CODE.
Chaer 11 of the Iowa Ci
ptty Code of
Ordinances is hereby repealed.
j SECTION III. ADOPTION AND AMENDMENTS.
The o lowing is hereby adopted in lieu of
Chapter 11 of the Code of Ordinances.
ARTICLE VII. ELECTRICITY
DIVISION 1
Sec. 8-101 Short title.
This chapter, and all provisions
incorporated herein by reference or
otherwise, shall be known as the Iowa City
Electrical Code or the Electrical Code,
may be cited as such and will be referred
to herein as such and as "this code."
Where the Code of Ordinances of the City
of Iowa City is referred to in this
article, it will be referred to as the
"Code of Ordinances."
Sec. 8-102. Scope.
The provisions of this code shall apply
to installations of electrical conductors
and equipment within or on public and
private structures and premises; also the
conductors that connect the installations
to a supply of electricity and other
outside conductors adjacent to the
premises; also mobile or manufactured
homes used for human occupancy within Iowa
City. Additions, alterations and repairs
to existing electrical equipment shall
comply with the provisions of this code.
Sec. 8-103. Definitions.
For purposes of this code, the following
definitions shall apply:
Electrical work: Shall mean all uses,
installations, alterations, repairs,
removals, replacements, connections,
disconnections and maintenance of all
premises wiring systems.
717
A fire wall shall be a two-hour wall
under Underwriter's Laboratories tests.
This may serve as a separation between two
(2) or more buildings.
Sec. 8-104. Adoption of National Electri-
cal Code.
Subject to the following amendments, the
1984 Edition of the National Electrical
Code, adopted by the National Fire
Protection Association on May 19, 1983, is
hereby adopted.
Sec. 8-105. Amendments to the National
Electrical Code.
(a) Iowa City amendments to the 1984
Edition of the National Electrical Code
are as follows:
(1) Basement lighting fixtures. In
all types of
indus-
trial, one permanentlightingexcept ntlights fixture
shall be provided for each two hundred
(200) square t of notoor be aincluded aiwhen
lighting shall
calculating the required number of
fixtures for the gross floor area of
basements or cellars. shall be
(2) Stairway lighting
located so that stair treads shall never
be shadowed by a person using them. The
li dtto
h e
alocat
nthbottom of lthee stairs e anat
any dark
area.heating
(3) Electrically controlled separate
units shall be supplied by
circuit, with a properly fused switch at
the heating unit. All heating units shall
be properly grounded. All wiring on the
heating unit shall be in electrical
metallic tubing, rigid metallic conduit or
flexible metallic tubing.
(4) All circuits shall be continuous
by means other than attachment to the
devices.
(5) All types of flexible metallic
conduit and tubing may be used where
conduit must e
placesor wheresubjectdto vconcealedto
vibrations or
on light drops. A maximum length of
flexible aydmetal
beonduit exposed. se When flexible
inches may a grounding
metal conduit equals used,
conductor of
caacity conductor toshall the lbegeinstalled,st andyibe
fastened to the fixture and/orbox. This screw
shall which ie done i
s colored
green. appropriate
�"U
i (b) The following provisions of the
National Electrical Code are deleted:
(1) Note No. 3 to Tables 310-16
through 310-19, dealing with three -wire,
single-phase residential service.
(2) Article 331, dealing with
Electrical Nonmetalic Tubing.
(3) Article 333, dealing with Armored
Cable.
(4) Section 600-4 dealing with
listing requirements for signs.
Sec. 8-106. Moved buildings.
Structures moved into or within the city
shall comply with the provisions of this
code for new structures.
Sec. 8-107. Existing buildings.
if an existing building is damaged by
fire, or otherwise, or altered in a manner
to require the replacement of fifty (50)
percent or more of the wiring and related
equipment, the entire building shall be
made to conform to the requirements of
this code for new buildings. Further, if
there is an addition to an existing
building, or a change in the type of use
which calls for a new occupancy certifi-
cate, the entire building shall be made to
conform to the requirements of this Code
for new buildings.
Sec. 8-108. Furnishing current prior to
approval of wiring.
No person, firm or corporation carrying
current for electrical heat, light or
power in the city shall connect its system
or furnish current for electrical purposes
to any building on any premises which have
not been inspected and approved by the
electrical inspector. Any person, firm or
corporation shall, upon written notice
from the electrical inspector to do so,
immediately disconnect such building or
premises from its source of current.
Sec. 8-109. Temporary electrical work.
Temporary electrical work shall mean
work that is obviously installed for the
convenience of a contractor or builder
during construction. Such work shall be
the complete responsibility of whomever
installs it but shall require the inspec-
tor's approval prior to being used.
Sec. 8-110. Services.
1 (a) All service entrances in and upon
residential buildings within the city
shall be of a class known as rigid or
intermediate metal conduit or
non-metallic, except as herein provided.
e1
If non-metallic conduit is used it shall
be of the Schedule 80 class as defined by
Underwriter's Laboratories.
(b) The minimum height of the service
lateral shall be twelve (12) feet above
the ground or grade line. The masthead
shall be above this height.
(c) Services on ranch -type buildings
where a service entrance goes through the
roof must be not less than two-inch rigid
steel and extended above the roof not less
than thirty-six (36) inches complete with
service head and thirty-six (36) inches of
wire extending from the service head. Pipe
is to be secured on the wall with two (2)
hole straps or an equivalent and weather-
proofed where it extends through the roof.
(d) All service entrances for commercial
or industrial buildings shall be rigid
metal conduit, except that portion of the
service which is underground may be
Schedule 40 non-metallic conduit.
(e) For installations in residential
occupancies, no service shall be smaller
than one hundred (100) amperes. All
occupancies over two thousand five hundred
(2,500) square feet of floor space,
including the basement but excluding the
garage, shall be served with a minimum
service size of two hundred (200) amperes.
(f) All service entrance locations in
the central business district shall be
approved by the electrical inspector
before installation.
(g) Each building shall be served with
a single set of service entrance conduc-
tors. The service conductors shall be
properly protected through a single main
disconnect, except a residential
two-family dwelling may have a main
disconnect for each unit.
Sec. 8-111, Conduit work.
Electrical equipment in or upon build-
ings within the city shall be of the class
known as rigid metal conduit, intermediate
metal conduit or electrical metallic
tubing:
(a) Except where concealed in
single-family structures or two-family
structures, including their garages.
(b) Except in locations subject to
corrosive action on metal.
Sec. 8-112. Other wiring methods.
All electrical systems not allowed by
this code may be reviewed by the board for
approval or disapproval. Approval or
11fl
disapproval may be based on information
presented to the board in the form of
plans and/or demonstrations and will be
considered on a case_ by -case basis.
Secs. 8-
DIVISION 32. RADMINISTRATION
AND ENFORCEMENT
Sec. 8-124. Penalty for violation of
code. alters,
Any person who installs,
repairs, maintains, improves or uses any
electrical equipment or performs any
electrical
be done in violation of any
or caes the
sametoof the
provisions of this code shall be guilty of
a misdemeanor punishable by a fine not
exceeding one hundred dollars ($100.00) or
imprisonment not exceeding thirty (30)
days.
Sec. 8-125. Powers and duties of the
electrical inspector.
The electrical inspector shall have the
right to enter, upon any property during
reasonable hours in the discharge of
his/her official duties and shall have the
authority to cause the disconnection of
any wiring or equipment where such wiring
oro
property ornma iinterfere witherous the life
thework of
thepfire department.
The electrical inspector may inspect any
and all electrical installations within
the city. He/she may approve, condemn and
order removed or remodeled and put in
proper and safe condition for the preven-
tion of fire and the safety of life all
electrical heating and lighting apparatus,
motors, machinery, fixtures and connec-
tions, electrical equipment used in the
utilization of electrical current for
light, heat or power purposes and to
control the disposition and arrangements
of the same.
The electrical inspector shall not
engage in installation tor aintenance of electricahe business of the l
equipment either directly or indirectly
and shall have no financial interest in
any firm engaged in such business in the
City of Iowa City at any time while
holding office.
The electrical inspector shall be
appointeer or
designee d and shallthe ibe responsible his/her
to the
building official for the enforcement of
the electrical code and regulations of the
City.
Sec. 8-126. Electrical board; creation
and authority.
There is hereby created an electrical
board, referred to herein as "the board,"
which shall:
(a) Periodically review the electrical
code and make recommendations thereto to
the City Council.
(b) Prepare and conduct written
examinations and examine the qualifica-
tions of applicants for the licenses and
certificates required by this code.
(c) Suspend or revoke any of the
licenses or certificates required by this
code for due cause, as provided herein.
(d) Act as a board of appeals to hear
grievances arising from decisions of the
electrical inspector and to provide for
reasonable interpretations consistent with
the provisions of this code.
(e) Act as a board of appeals to
approve or disapprove wiring systems not
specifically addressed in this code.
Sec. 8-127. Appeals.
Any person affected by any action,
interpretation or notice issued by the
electrical inspector with respect to, this
code may, in writing, appeal to the board
for consideration in accordance with the
procedures set forth in the Iowa City
Administrative Code. (Code of Ordinances,
Chapter 2, Article IX)
Secs. 8-128-8-137. Reserved.
DIVISION 3. LICENSES, CERTIFICATES,
PERMITS AND INSPECTIONS
Sec. 8-138. License applications.
Any person desiring to take examination
for a license required by this code shall
make application to the electrical
inspector at least fifteen (15) days prior
to the test date.
The examination shall be practical and
of such a nature as to uniformly test the
capability of the applicants. It may be
written or oral, or a combination thereof.
The applicant shall demonstrate to the
board his/her qualifications for the
particular license and show satisfactory
knowledge of the methods and standards of
the National Electrical Code, as adopted
by the city.
41ir/
If an applicant fails to pass an
examination, he/she may apply for reexami-
nation at the end of six (6) months and
upon payment of another examination fee.
Sec. 8-139. License fees.
The fees for examinations, licenses, and
permits shall be established by resolution
of the City Council.
Sec. 8-140. License expiration and
renewal.
All licenses shall expire on January 1
of each year. Any license that has
expired may be reinstated within sixty
(60) days after the expiration date upon
payment of a reinstatement fee. After the
expiration of the aforementioned sixty-day
period, no license or certificate shall be
renewed except upon recommendation of the
board.
Sec. 8-141. Required license with the
city.
(a) No person shall install, alter,
maintain or repair any electrical equip-
ment unless such person shall have first
obtained a master electrician's license
from the city.
(b) An applicant for an Iowa City
master electrician's license must demon-
strate to the board's reasonable satisfac-
tion that he/she possesses one of the
following qualifications:
(1) That he/she has been the holder
of an unexpired Iowa City journeyman's
license for one year or more; or
(2) That he/she is the holder of an
unexpired journeyman's license from
another jurisdiction, which license was
obtained more than one year prior to the
application date upon successful comple-
tion of a written journeyman electrician's
examination comparable to that of Iowa
City and which was administered by such
jurisdiction; or
(3) That he/she is the holder of a
valid master electrician's license
obtained upon successful completion of a
master electrician's license examination
comparable to that of Iowa City and which
was administered by another jurisdiction.
(c) Either a licensed master or
journeyman electrician shall be on the job
at all times while electrical work is in
progress.
(d) The provisions of this section
shall not apply to:
410
(1) The personnel of the traffic
engineering division of the city or
persons who work for a public utility
company, telephone or telegraph company,
nor to persons performing electrical work
as an integral part of the plant used by
such company in rendering its duly
authorized service to the public.
(2) A regular employee of any
railroad who does electrical work only as
a part of that employment.
(3) The service or maintenance of
warm air heating equipment provided that
such work or maintenance shall only
include electrical work on electrical
equipment that is part of such wane air
heating equipment. Such work shall
include the connection of warm air heating
equipment to an existing individual branch
circuit.
Sec. 8-142. Master electrician's license.
Whenever a master electrician's license
is issued, it shall be in the name of the
individual who qualified for it. No
license shall be issued in the name of a
firm or corporation. However, a master
electrician's license issued to at least
one responsible member or officer of a
firm, corporation or other association
shall authorize such firm, corporation or
other association to conduct an electrical
contracting business in the city (for the
period of time for which the license is
granted), provided such licensee is a
partner, officer, director, or manager of
such firm, corporation, or association,
actively supervising the day-to-day
operations of said firm or corporation in
the city, and further provided that such
licensee shall maintain liability insur-
ance certificates with the city, as
provided in Section 8-143.
In the event all licensed electricians
terminate employment with a firm or
corporation, the firm or corporation shall
not be permitted to do any further
electrical work, except that work under
previously issued permits may, at the
discretion of the electrical inspector, be
completed. A master electrician who
terminates his/her employment with a firm
or corporation shall notify the electrical
inspector immediately.
#91
Sec. B-143. Master electrician's insur-
ance.
Each master electrician
the firm or electrician
corporation employing
doing work under this article shall
furnish the city electrical inspector with
a copy of a certificate of insurance
stating
e liability
m
ounts of no less
thanonehundredthousand dollars
(2100,000.00) property damage and three
hundred thousand dollars (5300,Oodu00)
bodily cts
injury and a canpleCitted p
provision. The City of Iowa City shalt be
named as an additional insured. The
policy shall also provide for at least
thirty (30) days notice by the Insurer to
the City of termination of the policy by
the insured or insurer.
Sec. 8-144. journeyman's license.
a person can apply
fora
ave a minimum
ofnes onelyearsexperience as ahe/she must n apprentice.
Sec. 8-145. Apprentice electrician
registration. an nee
An aift he/she cisicce employed by an
licensed,,
electrical contractor to assist one or
more journeyman or master electricians and
such apprentice performs work only under
the direct supervision of However,man or
each
master electrician.
apprentice electrician shall register
his/her name and other pertinentti of the
app
City by making orma-
tion in the building
therefore and
paying the registration fee.
Sec. 8-146. Maintenance electrician's
certificate; when required.
A maintenancepelectriciane�s certificate
sista
shall be requir-d of any p
regular employee of a manufacturingor
industrial establishment,
es
electrical
who kfor maintainsa and establishment
sshin na
only,
state of repair the existingor lgrouicof
equipment within a building,
certificmaintenance
ate shallbe issued toeany iperson
who shall satisfactorily pass the examina-
tion given by the board. Any person
holding a maintenance electrician's
certificate issued by the city prior to
passage of this code shall be reissued
renewals the hise%aminationcertificate
hereinafter
taking
provided.
01
to
The installation of any new or addi-
tional electrical equipment of any kind by
the holder of a maintenance electrician's
certificate is hereby prohibited.
Each maintenance electrician performing
work under this section shall keep an
accurate record for the electrical
inspector of all work performed in each
building and shall, before the fifteenth
day of January, April, July and October of
each year, file a statement with the
electrical inspector of the work performed
during the preceding three (3) months.
Such statement shall be made under oath.
Sec. 8-147. Restricted electrician's
license.
A restricted electrician's license shall
specify the types of electrical work which
may be performed by the licensee. The
licensee may perform only the type of work
specified on the license.
Sec. 8-148. Permits required.
No person shall perform any electrical
work without first securing a permit
therefor.
Sec. 8-149. Issuance of permit.
Permits shall beissued only in the name
of the person holding an active master
electrician's license and the name of the
firm he/she represents. No applications
for electrical permits shall be accepted
for filing if not signed by the licensed
master electrician or by the maintenance
electrician or restricted electrician who
will perform the work.
Sec. 8-150. Permits nontransferable;
exceptions.
Permits are not transferable. Electri-
cal work which requires a permit must be
done by or under the direct supervision of
the licensee.
In order to apply for an electrical
permit, the master electrician must have
on file with the electrical inspector a
certificate of insurance which indicates
that the electrician, or his/her firm,
corporation, or employer carries liability
insurance as provided in Section 8-143.
The city or electrical board shall verify
that a master electrician is employed by a
particular corporation and that there is
in effect liability insurance which meets
the city's requirements.
0�fl
11
Sec. 8-151. Revocation of permit;
expiration of permit; renewal fee.
Any permit required by the provisions of
this code may be revoked by the electrical
inspector for violation of any provision
of this code.
Every permit issued under the provisions
of this code shall expire if the work
authorized by such permit is not commenced
within one hundred twenty (120) days from
the date of issuance of such permit or if
the work authorized by such permit is
suspended or abandoned for a period of one
hundred twenty (120) days or more.
Sec. 8-152. Double fee for failure to
obtain permit before starting work.
Except in emergency situations, as
determined by the electrical inspector,
when work is started by any person prior
to obtaining a permit, the fees for such
work shall be doubled. The payment of
such doubled fee shall not relieve any
persons from fully complying with the
requirements of this code in the execution
of the work nor from any other penalties
prescribed herein.
Prior to the payment of the double fee
and issuance of an appropriate permit for
the work, no other permits shall be issued
to any person, firm or corporation which
is in violation of this section
Sec. 8-153. Homeowners exempt from
license requirements.
In cases in which an owner -occupant of a
single-family dwelling desires to install
electrical equipment or perform any
electrical work in such single-family
structure, he/she may appear before the
electrical inspector and show that he/she
is competent to do the specific work.
After such showing, he/she may obtain an
electrical permit by paying the proper
fee.
Sec. 8-154. Inspections.
It shall be the duty of the person doing
electrical work to notify the electrical
inspector that said work is ready for
inspection. The electrical inspector
shall, without undue delay, perform the
required inspection and, if the work
complies with the provisions of this code,
post an inspection notice on or near the
work approved. Work that has no notice
attached shall be considered unapproved. A
reinspection fee may be assessed for each
inspection or reinspection when such
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12
portion of work for which inspection is
called is not complete or when corrections
called for are not made.
No electrical work shall be concealed in
any manner from access or sight until such
work has been inspected and approved by
the electrical inspector.
The electrical inspector shall, at the
permittee's expense, have the authority to
remove or cause the removal of lath,
plaster, boarding or any other obstruction
which may prevent the proper inspection of
wires or electrical equipment.
When a person is notified that defects
exist, he/she shall make corrections
within thirty (30) days after notifica-
tion. If the corrections are not made,
the permittee shall not be issued any
other permits until said defects are
corrected and approval given by the
electrical inspector.
SECTION V. REPEALER: All ordinances
and parts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION VI. SEVERABILITY: If any
section, prov sion or part of the Ordi-
nance 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 un-
constitutional.
SECTION VII. EFFECTIVE DATE: This Or-
dinance shall be in effect after its final
passage, approval and publication as
required by law.
Passed a d approved this 12th day of
march, 198 . �G
MAYOR
ATTEST. ., J iJ �tnn
CITY CLERK
RorslvoA & Annrov+ed
13y rhe 10031 13 Pahmenr
//Of/
U
Ord. No. 85-3229
It was moved by Erdahl
and seconded by Zuber
that the Or finance as rea a adopted and upon ro ca ere
were:
AYES: NAYS:
x _
x
x
x
x
-7--
First consideration
Vote for passage:
Second consideration
Vote for passage
ABSENT:
AMBRISCO
— BAKER
— DICKSON
— ERDAHL
— MCDONALD
STRAIT
ZUBER
Date published D1arch 20, 1985
Moved by Erdahl, seconded by Zuber, 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 first and second consid-
eration and vote be waived and the ordinance be voted upon for final passage
at this time.
Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, DkDonald, Strait
Nays: None
07