HomeMy WebLinkAbout1984-01-17 OrdinanceORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 31 TO
PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE
LICENSED AND FOR ELIMINATION OF SUCH SIGNS
BY JUNE 30, 2003.
BE IT ORDAINED BY THE. CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTIOµ I. PURPOSE. The purpose of this
ordinance is to regulate free standing or
monument signs currently located on public
property, to provide for the elimination
of such signs, and to prohibit the
erection of additional signs on public
property.
SECTION II. AMENDMENT. Article VII of
Chapter 31 of the Code of Ordinances,
relating to streets, sidewalks and public
places, is hereby revoked, and replaced by
the following new Article VII -
RIGHT-OF-WAY SIGN PERMITS:
Section 31-145. FINDINGS AND PURPOSE
A. The Sign Regulations of Iowa City
provide a comprehensive regulatory
scheme for signs on private property
in the City. However, numerous signs
have been found to be located in or
upon the public streets, roadway,
sidwalks or other public property
throughout the City.
B. It is the intent of this article, in
order to promote the health, safety,
and general welfare of the population,
that no new signs be placed in or upon
public property, and that free
standing and monument signs currently
located in or upon public property
shall be eliminated and removed on or
before July 1, 2003.
Section 31-146. Definitions.
A. "Free standing sign" shall mean a
permanent sign which is supported by
one or more up -rights or braces in or
upon the ground and not attached to
any building or wall.
B. "Monument sign" shall mean a sign
affixed to a structure, built on a
grade, in which the sign and the
structure are an integral part of one
another.
RA,
K
Ordinance No.
Page 2
C. "Public property" shall mean the
streets, sidewalks, roadways, or other
property owned by and located within
the City of Iowa City.
0. "Public right-of-way" shall mean a
free standing or monument sign located
in, upon, or above public property.
E. "Sign" shall mean any structure,
including but not limited to, a device
or display, other than a building or
landscaping, used primarily for visual
communication for the purpose of,
bringing the subject thereto to the
attention of a person, group of
persons, or the public generally. The
term sign includes, but is not limited
to, any and all reading matter,
letters, numerals, pictorial represen-
tation, enblems, trademarks, inscrip-
tions, and patterns, whether affixed
to a building, painted, or otherwise
depicted on a building, or separate
from any building.
F. "Sign regulations" shall mean Section
36-60 through Section 36-63 of the
Zoning Code of the Iowa City Code of
Ordinances.
Section 31-147. Permits Required.
It shall be unlawful for any person,
firm, or corporation to use any portion
of public property for any public
right-of-way sign without having first
obtained a public right-of-way sign
permit therefor.
Section 31-148. Application - Generally.
A. A verified application for a permit
required by this article, containing
the information required in this
article, shall be filed with the City
Manager or his/her designee by any
person, firm, or corporation desiring
to continue to use public property for
a sign. The application shall be
filed by the person, firm, or corpora-
tion owning such sign.
8. Applications for the original issuance
of a public right-of-way sign permit
shall be filed within sixty (60) days
of the effective date of this ordi-
nance, and renewal applications shall
be filed at least forty-five (45) days
in advance of the expiration date of a
permit. The application shall be in
such number of copies and in such form
as may be prescribed by the City
T A
ECEDIfJrmm
DOCUMENT
-7
Ordinance No.
Page 2
i
I C. "Public property" shall mean the
j streets, sidewalks, roadways, or other
property owned by and located within
the City of Iowa City.
0. 'Public right-of-way" shall mean a
free standing or monument sign located
in, upon, or above public property.
E. "Sign" shall mean any structure,
+ including but not limited to, a device
or display, other than a building or
landscaping, used primarily for visual
j communication for the purpose of,
bringing the subject thereto to the
attention of a person, group of
persons, or the public generally; The
term sign includes, but is not limited
to, any and all reading matter,
letters, numerals, pictorial represen-
tation, enblems, trademarks, inscrip-
tions, and patterns, whether affixed
- I to a building, painted, or otherwise
depicted on a building, or separate
from any building.
F. "Sign regulations" shall mean Section
36-60 through Section 36-63 of the
Zoning Code of the Iowa City Code of
Ordinances.
Section 31-147. Permits Required.
It shall be unlawful for any person,
firm, or corporation to use any portion
of public property for any public
right-of-way sign without having first
obtained a public right-of-way sign
permit therefor.
Section 31-148. Application - Generally.
A. A verified application for a permit
required by this article, containing
the information required in this
article, shall be filed with the City
Manager or his/her designee by any
person, firm, or corporation desiring
to continue to use public property for
a sign. The application shall be
filed by the person, firm, or corpora-
tion owning such sign.
B. Applications for the original issuance
of a public right-of-way sign permit
shall be filed within sixty (60) days
of the effective date of this ordi-
nance, and renewal applications shall
be filed at least forty-five (45) days
in advance of the expiration date of a
permit. The application shall be in
such number of copies and in such form
as may be prescribed by the City
Ordinance No.
Page 3
Manager or his/her designee, and shall
be accompanied by evidence of the
required liability insurance. A
separate application shall be filed
for each sign.
Section 31-149. Signs - Contents.
A. The , application form for a public
right-of-way sign permit shall, in
addition to other information the City
Manager or his/her designee shall deem
necessary, contain the following
information:
(1) Name and address of the appli-
cant.
(2) A detailed description of the
sign for which a permit is
requested, together with photo-
graphs showing all sides of the
sign.
(3) The exact location of the sign,
including a scaled plot plan
showing the location of the sign.
Renewal applications may incorpo-
rate by reference the plot plan
accompanying the original
application.
'(4) The name, address, and general
description of the business to
which the sign relates, and the
name(s) and address(es) of the
owners of such business.
(5) The name or names and address(es)
of the 'owner or owners of the
property abutting the public
property in, upon or over which
the sign is located.
(6) A statement that the applicant
shall indemnify, defend and hold
harmless the City from and
against all claims for damages
which in any way relate to or
arise from the use or location of
the sign to which the application
relates.
B. The application shall be accompanied
by a policy, or other evidence
acceptable to the City Manager or
his/her designee, of • liability
insurance purchased by the applicant
for the protection of the public,
which policy shall name the City as an
additional insured and shall indemnify
and save harmless the City. The
liability insurance required as a
condition to the issuance of a
1 -.
Ordinance No.
Page 4
right-of-way sign permit shall be in
the minimum amount of three hundred
thousand dollars ($300,000) for
personal injuries, and fifty thousand
dollars ($50,000) for property damage.
Such insurance shall be provided by a
company authorized to do insurance
business in the State of Iowa, and
shall provide for thirty (30) days'
notice of cancellation or material
change.
�a__.._ L_ l L- l.. a ..
C. The application SIt i uc signed Uy �.e
applicants, the owner or owners of the
property abutting the public property
in, upon, or over which the sign is
located, and the owner or owners of
the business to which the sign
relates.
Section 31-150. Council Action.
It shall be the responsibility of
applicants to obtain and submit to the
City Manager or his/her designee
complete application forms, with
required signatures, and attachments..
The City Manager or his/her designee
shall promptly submit only complete
applications to the Council. The
Council will normally consider such
applications only at regularly sched-
uled formal meetings.
Section 31-151. Nature and Scope of
Permit.
A. A right-of-way sign permit shall be a
purely personal privilege and shall be
revocable for cause. It shall not
constitute property, nor be subject to
attachment and execution, nor be
alienable or assignable. The license
or permit shall only relate to the
sign for which it is issued, as
evidenced by the configuration and
location shown in the application
therefor.
B. No sign for which a permit is issued
hereunder may be altered in any way
without the consent of the City
Council, and no such sign may be
removed on the public right-of-way.
Section 31-152. Term of Permit.
All right-of-way sign permits, unless
sooner revoked or surrendered, shall
expire one year from the date of
issuance, except that no permit shall
extend beyond June 30, 2003.
go
Ordinance No.
Page 5
Section 31-153. Denial or Revocation of
Permit -Grounds, Effect.
A right-of-way sign permit may be
denied or revoked, following notice and
hearing, for any of the, following
reasons:
(1) The sign was not in place prior to
July 1, 1983.
(2) Alteration of the sign without
prior consent of the City Coun-
cil.
(3) NO.ing the sign :•:ithin the public
right-of-way.
(4) Misrepresentation of any material
fact in the application for the
permit, or any renewal thereof.
(5) Any sale, hypothecation, or
transfer of the permit.
(6) The sale or transfer of the sign,
or the business or property to
which the sign relates, without
the new owner, transferree or
assignee obtaining a permit for
such sign.
(7) If the sign causes any obstruction
to the public's use of the
right-of-way in or upon which the
sign is located, or is a traffic
hazard, as such term is defined in
the sign regulations.
(8) The alteration, repair, removal,
painting or conversion of a sign
by one not holding a valid sign
erector's license, or without
having obtained a permit as
required in Section 31-157.A.
Section 31-154. Effect of Denial or
Revocation of Permit.
If a permit for aright -of -way sign is
either denied or revoked, the owner of
such sign shall have thirty (30) days
from the date -of the Council action
denying or revoking such permit within
which to remove such sign from the
public right-of-way. If such sign is
not removed within such thirty (30) day
period, the -City may remove such sign
and assess the cost against the owner
of the abutting property.
Section 31-155. Appeal and Nearing.
The right to a hearing before the City
Council shall be afforded to a
right-of-way sign permit applicant
whose application is denied, or a
permittee whose permit is revoked. Any
m
Ordinance No.
Page 6
such applicant or permittee who feels
aggrieved by a decision denying or
revoking a right-of-way sign permit
may, within ten (10) days of such
decision, request, and shall be
granted, a public hearing which shall
be conducted in the manner provided in
Article IX of Chapter 2 of the City
Code of Ordinances.
Section 35-156. Applicability of Sign
Regulations.
A. It shall be unlawful for any person,
firm, or corporation to alter, repair,
move, improve, remove, paint or
convert any right-of-way sign without
having first obtained (1) the license
and permits required for such actions
under the sign regulations, and (2)
City Council consent for any altera-
tion or conversion of such sign.
B. Right-of-way signs permitted hereunder
shall be considered as part of the
permitted signage under the sign
regulations.
Section 31-157. Expiration of Article,
Removal of Sign.
(a) The terms and conditions of this
Article, and all rights granted
hereunder for signs in, upon or over
public property, shall automatically
expire on June 30, 2003.
(b) On or before June 30, 2003, all signs
for which permits are issued hereunder
shall be removed from public property.
Any such sign which has not been
removed by that date may be removed by
the City, and the cost of such removal
shall be assessed against the owner.
SECTION III. REPEALER: All ordinances
andparts of ordinances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, provision 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
unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
M
t
1
if
Ordinance No.
Page 7
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
nL' Otved $ Approved
�Y ?}:a Legal Deparr:nent
Ordinance No.
Page 7
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
nL' Otved $ Approved
�Y ?}:a Legal Deparr:nent
I
■
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE SOUTH SUMMIT
STREET AREA AS AN IOWA CITY HISTORIC
PRESERVATION DISTRICT, SAID DISTRICT SHALL
CONSTITUTE AN OVERLAY ZONE OF THE ZONING
ORDINANCE OF IOWA CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA that:
SECTION I. The property described below and
shown on Exhibit A is hereby classified as
the South Summit Street Iowa City Historic
Preservation District.
An area consisting of the Original Town
Plat, OL -1, commencing at the northeast
corner of Lot 20, Block 2, Berryhill's
.Second Addttton, thence north to a
point located at the intersection of
the south right-of-way line of
Burlington Street and the west
right-of-way line of Summit Street,
thence west 116.52 feet, thence south
99.93 feet, thence west 39.95 feet,
thence south 99.93 feet, thence west
39.95 feet, thence south to a point
located at the northwest corner of Lot
20, Block 2, Berryhill's Second
Addition, thence east following the
northern lot line of Lot 20, Block 2
Berryhill's Second Addition to the
point of beginning.
Said area also to contain Lots 11
through 20 of Berryhill's Second
Addition, Block Two.
Said area also to contain Lots A,
B, C, D, X, Y and Z of Jerome's
Addition.
Said area also to contain the lots
of land located within the area
beginning at the southeast corner of
Lot A, Jerome's Addition, thence west
along the south lot lines of Lots A, B,
C and D, Jerome's Addition, to a point
located at the southwest corner of Lot
D, Jerome's Addition, thence south to a
point located at the southeast corner
of Lot 11, Block 2, Strohm's Addition,
thence southeasterly along the
northern right-of-way of the Chicago,
Rock Island and Pacific Railroad to a
point located at the intersection of
the western right-of-way line of Summit
Street and the northern right-of-way of
the Chicago, Rock Island and Pacific
Railroad, thence north to the point of
beginning.
Said area also to contain Lots 1,
2, and 5, Regan's First Addition, Block
1.
PE
Said area also to contain the west
163.5 feet of Lot 1; the west 169 feet
of Lot 2; the west 197 feet of Lot 3;
the west 197 feet of Lot 4; the west
197 feet of Lot 5; the west 208 feet of
Lot 6 of Block 3, Summit Hill Addition.
Said area also to contain the west
167 feet of Lot 1; the west 167 feet of
Lot 2; all except the east 125 feet of
Lot 3; the west 159.37 feet of the
south 58.01 feet of Lot 4 and the west
177.62 feet of the north 58.01 feet of
Lot 4; the west 202 feet of Lot 5; the
west 186.6 feet of the next adjoining
northern lot to Lot 5 (70 feet); the
west 172 feet of the second adjoining
northern lot to Lot 5 (45 feet); the
west 172 feet of the third adjoining
northern lot to Lot 5 (50 feet); the
west 172 feet of the fourth adjoining
northern lot to Lot 5 (60 feet); the
west 192 feet of the fifth adjoining
northern lot to Lot 5 (138 feet).
Said area also to contain Lots 1,
2, 23 and 24 of Kaufman's Addition.
SECTION II. The Building Inspector is
hereby authorized and directed to amend the
zoning map of the City of Iowa City, Iowa,
to conform to this amendment upon final
passage, approval and publication of this
ordinance as provided by law.
SECTION III. The City Clerk is hereby
authorized and directed to certify a copy of
this ordinance to the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
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,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the
validity of the Ordinance as a whole or any
section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
ATTEST:
MAYOR
CITY CLERK
Resolved 8, Approved
BY Ther Legal Daparlro.,ol
90
It was moved by and seconded by
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
DICKSON
ERDAHL
LYNCH
MCDONALD
NEUHAUSER
PERRET
First consideration
Vote for passage:
Second consideration
Vote for passage:
Date published
PW
EXHIBIT A
Proposed Summit Street Historic District
BURLINGTON
A
ORDINANCE NO. 84-3169
AN ORDINANCE AMENDING CHAPTER 18 OF THE
MUNICIPAL CODE OF THE CITY OF IOWA CITY,
IOWA, BY ADDING THERETO NEW SECTION
18-44(h) PROVIDING FOR JUDICIAL REVIEW OF
ACTIONS OF THE HUMAN RIGHTS COMMISSION.
BE IT ORDAINED BY THE CITY OF IOWA CITY,
IOWA:
SECTION 1. PURPOSE. The purpose of this
Ordinance is to provide for judicial
review of actions taken by the Iowa City
Human Rights Commission pursuant to
Chapter 18 of the Code of Ordinances, City
of Iowa City, Iowa.
SECTION 2. AMENDMENT. Section 18-44 is
hereby amended y adding thereto new
Subsection (h) as follows: Judicial
review of the actions of the commission
may be sought in accordance with the terms
of the Iowa Administrative Procedure Act.
Notwithstanding the terms of said Act,
petition for judicial review may be filed
in the District Court in which an enforce-
ment proceeding under Subsections (a) and
(b) may be brought. For purposes of the
time limit for filing a petition for
judicial review under the Iowa Administra-
tive Procedure Act, the issuance of a
final decision of the commission under
this Chapter occurs on the date notice of
the decision is mailed by certified mail,
to the parties.
SECTION III. REPEALER: All ordinances
and parts of or finances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY: If any
section, provision 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
unconstitutional.
SECTION V. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and proved this 17th day of
January, 1984.
MAYOR((L/J
ATTEST:, �1.� > �, 44
CITY CLERK
Received J, Approved
By The Legai Dt,, mlm^nf
/lf�
I
It was moved byfinanrand seconded by Rrdahl
, that the Or ce as e—be adopted and upon roll call there
were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
g ERDAHL
MCDONALD
X STRAIT
X ZUBER
I
I
i
First consideration XXXX
Vote for passage:
Second consideration )DM
Vote for passage
Date published January 2S, 1984
Moved by Strait, seconded by Erdahl, that the rule requiring ordinances
to be considereiand 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 considerationand vote be waived and the ordinance be
voted upon for final passage at this time.
Ayes: Baker, Ambrisco, Erdahl, McDonald, Strait, Zuber.
Nays: None. Absent: Dickson.
City of Iowa City
MEMORANDUM
Date: January 6, 1984
To: City Council
From: Bob Jansen, City Attorney
w�
Phyllis Williams, Civil Rights S ialis
Re: Amendment to City's Non -Discrimination Ordinance
Sometime during April 1983 when the Human Rights Commission was involved with
revising its non-discrimination ordinance, we became aware that the City of
Muscatine'.s ordinance had been ruled invalid by the district court because it
differed from the State's civil rights law. Specifically, the State law has
a section on judicial review which gives respondents the opportunity to
appeal a Human Rights Commission's decision to the district court.
Our local non-discrimination ordinance also lacks a judicial review section.
On the advice of the Assistant Attorney General .an amendment adding a
judicial review section has been prepared and is attached for your review and
action.
Considering the importance of having an ordinance that will withstand -any
legal challenge, it is recommended that Council condense the three considera-
tions and finally adopt the proposed amendment at your January 17, 1984,
regular meeting. Consideration of this amendment does not require that a
public hearing be held.
bj4/1
M-:
ORDINANCE NO. 84-3170
AN ORDINANCE AMENDING CHAPTER 17 OF THE
CODE OF ORDINANCES OF IOWA CITY, IOWA, BY
REDEFINING ROOMING HOUSE, BY REVISING THE
REQUIREMENT FOR A CERTIFICATE OF STRUCTURE
COMPLIANCE AND RENTAL PERMIT, AND BY
REVISING THE SECTION REGULATING THE MAXIMUM
PERMITTED OCCUPANCY OF A DWELLING UNIT
BEFORE A RENTAL PERMIT MUST BE OBTAINED.
SECTION I. PURPOSE. The purpose of this
ordinance is to revise the definition of
rooming house, to revise the requirements
for a certificate of structural compliance
and rental permit, and to revise the
regulations of the maximum occupancy of a
dwelling unit before a rental permit must
be obtained. This ordinance is necessary
due to recent changes in the zoning
ordinance affecting the number of roomers
permitted in dwelling units in a variety of
zones.
SECTION II. ESTABLISHMENT. Chapter 17 of
the Code of Ordinances of Iowa City is
hereby amended as follows:
Section 17-2. Definitions. "Rooming
house" shall mean any dwelling, or
that part of any dwelling, containing
one or more rooming units or Type III
dwelling units, in which space is let
by the owner or operator to four (4)
or more roomers. Occupants of units
specifically designated as Type III
dwelling units within a rooming house
shall be included in the roomer count.
Section 17-4. Certificate of
structure compliance and rental
permit.
(a) Requirements for rental
property. It shall be a
violation of this Code for any
person to let to another for rent
and occupancy any dwelling,
dwelling unit, duplex, multiple
dwelling, rooming unit (except a
rooming unit or units within
owner -occupied; single-family
dwellings, condominiums and
cooperatives containing no more
roomers than permitted by the
zoning ordinance), or rooming
house unless:
///
I' .
Ordinance No. 84-3170
Page 2
(1) The owner or operator holds
a valid certificate of
structure compliance,
issued by the department of
housing and inspection
services, applicable to
those portions of the
specific structure used for
residential rental
purposes.
(2) The owner or operator holds
a valid rental permit,
issued by the department of
housing and inspection
services, in the name of the
owner or operator,
applicable to those
portions of the specific
structure used for
residential rental
purposes.
Section 17-5(n)(2). Maximum
occupancy. Not more than one family,
Plus that number of roomers permitted
in the zoning ordinance, except for
guests, shall occupy a dwelling unit
unless a rental permit for a rooming
house has been granted.
SECTION III. REPEALER. All ordinances
and parts of ord nances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION IV. SEVERABILITY. If any
section, provision or part of the Ordinance
shall be adjudged to be invalid or
unconstitutional, such ajudication shall
not affect the validity of the Ordinance as
a whole or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE GATE. This
Ordinance sha 1 be n effect after its
final passage, approval and publication as
required by law.
Passed and appro d this 17 h of
January, 1984.
YOR
ATTEST:
CI LEPK
It was moved by Erdahl, and seconded by Zuber, that
the Ordinance as read be adopted and upon roll•call
there were:
A�v
0. nance No. 84-3170
Page 3
AYES:
NAYS: ABSENT:
g
AMBRISCO
X BAKER
X DICKSON
R
—_ ERDAHL
g
MCDONALD
X
—_ STRAIT
R
ZUBER
First consideration 12/20/83
Vote for passage:
Ayes: Erdahl, Balmer, Dickson, L,,mch,
McDonald, Neuhauser, Perret.
Nays: None. Absent: None.
Second consideration 1/3/84
Vote for passage:
Ayes: Ambrisco, Dickson, Erdahl, McDonald,
Strait, Zuber.
Nays: Baker.
Date published January 25, 1984
Racelved A Approvod
By Tho Legal Dopadmnt
It 3 1 165
a