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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 y137 w1d, Z -941g C5 1 T- ca p I- e rj LW. 0: co 0 218 and ramps j E) DOT land iLsr land/ ED 518 "I F co -owned wlt C.don Russell 0 Go v.'r Lor 5cc. Z7 -79 -Co i IV Nolo: Thin ago nnry fiS,a cn 0: co ft!=S M j Z-?4kq Atj,6Y ut3ro' g jar r ,f ti L J•.. PRo Fe 5--D izotoPYkNC� Alln� aLf a \� , i 1• .:.I LI�.� .. �T_��� •. \ I �..�....• -ii=moi....... aT3' . �. ❑ 21B and rasps O DOT land ♦'� I!'�I'..'•. .. r.: .. •de:`J='1 / iz ILSF ]and FgiT N O 519 •.•.{'' ' :.I .m.. N...r. ' ILRussel vl[ rd •'1 , `�. <:.. '%' I ,+I dr;. y .,.u. � / Cordonn Russell .?f I'. �, i,l:j 1 :�,� y, :. 4r4},• .+c:a U Go V.T Lo -r f� .1•J ' Sec. 27.79 -G, I N 13 / \; / y / ! �� 1 \ �' I t .1 i nn� fir,�urcd r7 I • � / •`"'rl I l r - t rh I" OG�.rOnC• I �!'-• ��/ �{ X11 r .. • , ..:.. _ r5 , l iVllAr/SQLv .iG'P`,. V,.nc:.l G'avllv ::ao�••• : 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 I f ' � 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 i i I ! I i 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 13 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 IM/ 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