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HomeMy WebLinkAbout1983-10-11 Ordinancel �C, ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO REGULATE THE NUMBER OF ROOMERS IN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to regulate the number of roomers per dwelling unit in single-family, duplex, and multi -family residential zones. CTION 2. AMENDMENTS. The Zoning Ord nance of the Code of Ordinances is hereby amended by the follow)'Q A. Section 8.10.7A.1 is pbreby amended by sub titutf in/ing, 'eu thereof the foll wing: 1. ingle famdwellings. One r mer may es .1 in a single fam ly dwe provided that one (1) /�Jdditional off-street park' gg s ace per roomer shall be furnish . Non onforming uses (two- family multi -family dwelling units) sha 1 be permitted one (1) roome per elling unit. or tho a dwellings in which the umber of oomers exceeds the num r perm' ted above, the pro isions herein shall become ap licabIa one (1)b year after the of ective date of onis ordinance. B. Sectio 8.10.8, subsection 2 is hereby amed nd by substituting in lieu thereof the f llowing: 2. wo-family dwellings. Two roomers per dwelling \unit may reside in a two-family dwelling, provided that ane (1) additional off-street parking space per roomer shall be furnished. Nonconforming uses (multi- family units) shall be permitted two (2) roomers per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above, the provisions herein shall become j pp licable one (1) year after the effective date of this ordinance. C. Section 8.10.8.1.0 is hereby amended by substituting in lieu thereof the following: C. Multiple dwelling. Two (2) roomers per dwelling unit are permitted. One (1) additional L Ore nce No. Page 2 off-street parking space per roomer shall be furnished for any single and two family dwelling units. For those dwellings exceeding the number of roomers permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. Section 8.10.8.2.C.2 is hereby amended by substituting in lieu thereof the following: V) Dwellings with a maximum of three (3) roomers in each dwelling unit Provided that for single and two f8y dwellings additional off- str t parking spaces shall be furni ed at the ratio of one-half (') spa pe� roomer. Section 8.10. is hereby amended by adding Section which shall read as follows: D. Dwellin s with maximum of three (3) roo ers in e h dwelling unit. ON 3. REPE LER. All ordinances and of ordi nces . con ict with the provision of ,thi ordinance are hereby repealed. s Stl:I1DN 4. SEVERABILITY. If an,section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajud cation shall not affect the validity o the Ordinance as a whole or any section, provision or part thereof not adjudged nvalid or unconstitutional. SECTION . EFFECTIVE DATE. This Ordinance shall b in effect after its final passage, approva and publication as required by law. Pissed and approved this MAYOR a Iteeaived 8 Approved By The Legal Depart enf '1 F. t J 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 NEDHAUSER PERRET First consi Vote for Second cons Vote for Date publ�s Li ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO REGULATE THE NUMBER OF ROOMERS IN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to regulate the number of roomers per dwelling unit in single-family, duplex, and multi -family residential zones. SECTION 2. AMENDMENTS. The . Zoning' Ordinance of the Code of Ordinances is hereby amended by the following: 'A. Section 8.10.3A.2a is;' amended by \substituting in lieu ,'thereof the following: on B. Section �.103A.1 is hereby amended by substituting in lieu thereof the following: 1. Single family dwellings. One roomer ay reside in a single family ,duelling, provided that one (L) additional off-street parking Espace shall be [al Nonconforming uses (two - f mily and multifamily dwelling u its) shall be permitted one (1) oomer per dwelling unit. For those dwellings in 1�hi ch the number of roomers xceeds the number permitted bove, the provisions herein hall become applicable one (1) ear after the effective date of Is ordinance. C. Section 8.10.8, subsection 2 is hereby amended by substituting in lieu thereof the following: 2. Two-family dwellings. Two roomers per dwelling unit may A031 J Ord —ice No. Page t reside in a two-family dwelling, provided that one (1) additional off-street parking space per roomer shall be furnished. Nonconforming uses (multi- family units) shall be permitted two (2) roomers per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. D. Section 8.10.8. 1. C is herD. Section 8.10.8.1.0 is hereby amended by substituting in lieu thereof the following: C. Multiple dwelling. Two ' (2) roomers per dwelling unit are permitted. One (1) additional off-street pa king space per roomer shall b�furnished for any ingle and two family dwelling its. For those dwellings exc ding the number of roomers permi ted above, the provisions hereinsrall become applicable one (1) ear after the effective date of his ordinance. E. Section 8.10.8.2.C.2 is hereby amended b� substituting in lieu thereof the following: (2) Dwellings with\a maximum of three (3)/roomers in each dwelling unit provided that fob single and two family dwellings additional off- street parking spaces shall be furnished at the ratio of one- half (h) space per roomer. F. Sec ion 8.10.9 is hereby amended by aid Section D, which shall read as fo lows: D. Dwellings with a maximum of three (3) roomers in each dwelling unit. SECTI N 3. REPEALER. All ordinances\and part of ordinances in conflict with the prov sion of this ordinance are hereby repealed. SEC ION 4. SEVERABILITY. If any section, pro ision or part of the Ordinance shall be adj dged to be invalid or unconstitutional, suc • ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 4210 3 r1 It was moved byand 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 conside�ration Vote for passage: Second consiZr tion Vete for assage: \ Date pub ished \ i i j l j I ORDINANCE NO.83-3150 ORDINANCE APPROVING THE AMENDED FINAL PLANNED AREA DEVELOPMENT (PAO) PLAN FOR LOTS 122, 123, AND 124 OF COURT HILL/SCOTT BOULEVARD ADDITION, PART VII, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the amended final PAO plan for Lots 122, 123, and 124 of Court Hill/Scott Boulevard Addition, Part VII is hereby approved for the area legally described as: Lots 122, 123, and 124 of Court Hill/Scott Boulevard Addition, Part VII, as recorded in Book 19, at Page 36 of the Johnson County .Recorder's Office, an October 11, 1979. Said lots containing 1.417 acres more or less, subject to easements and restrictions of record. SECTION II. That variances from the RIB zoning requirements approved as part of the PAD plan are as follows: 1. The 5 foot side yard required in an RIB zone is waived to allow construction of buildings on the three lot tract across interior lot lines. (This does not include the side yards required on the exterior lot lines.) 2. The provisions of the parking design standards restricting parking spaces and drives from the required 5 foot side yard area are waived to permit the extension of drives and parking across the interior lot lines of the three lot tract. SECTION III. This ordinance shall be in full force and effect when published 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, prov son 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 VI. EFFECTIVE DATE. This Ordinance shall be to effect after its final passage, approval and publication as required by law. 1 It was moved by McDonald , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERRET First consideration XXXX Vote for passage.- Second assage:Second consideration XXXX Vote for passage: Date published October 19, 1983 Moved by McDonald, seconded by Dickson, thatthe 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. ;ryes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. r ORDINANCE N0. 83-3151 ORDINANCE AMENDING SECTION 8.10.35.6, R3, R3A AND R38 ZONE REGULATIONS OF THE ZONING ORDINANCE BY INSERTING RNC -20 INTO THE LIST OF ZONES. SECTION I. PURPOSE. The purpose of this ordinance is to amend the sign ordinance such that uses located in the residential neighborhood conservation (RNC) -20 zone are permitted the same signage as those uses permitted in the R3, R3A and R38 zones. SECTION II. AMENDMENT. Section 8.10.35.6 of the Zoning Ordinance of the Code of Ordinances is hereby amended by substituting the following title for the existing title: 8:10.35.6. R3, RNC -20, R3A and R3B Zone Regulations. SECTION III. REPEALER. All ordinances and parts of u d nanees 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 Ordinances a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of October, 1983. -I/" c ," e,"o r (�4YOR ATTEST: AQ'Vy(J„ CITY CCLL ERK -- l t /\4 It was moved by Balmer and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER DICKSON ERDAHL �— LYNCH �— MCDONALD X NEUHAUSER X PERRET First consideration XXXX Vote for passage: Second consideration XXXX iVote for passage: I i Date publishedOctober 19. 1983 Moved by Balmer, seconded by McDonald, 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 Bstalved & Approved be voted upon for final passage at aAmenl this time. By The Logal Dep Ayes: Balmer, Dickson, Erdahl,j__ S 8 Lynch, McDonald, Neuhauser, ` -- Perrot. Nays: None. i i i 1 ORDINANCE NO. 83-3152 AN ORDINANCE VACATING DES MOINES STREET RIGHT-OF-WAY BETWEEN GILBERT STREET AND LINN STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, known as Des Moines street and legally described as: Beginning at the southeast corner of Lot 4, Block 21, County Seat Addition to Iowa City, Iowa; thence S 89°45'26" E, (a recorded bearing) 36.44 feet, along the projection of the north line of the Des Moines Street right-of-way; thence N 35033'49" E, 23.43 feet, to a 5/8 inch iron pin found; thence N 35042153" E, 41.07 feet, to a 5/8 inch iron pin found on the northwesterly right-of-way line of Gilbert Street; thence S 35°02'19" W, 24.63 feet along said northwesterly line; thence south- westerly 80.06 feet, along said north- westerly line, on a 989.93 foot radius curve concave southeasterly, whose 80.04 foot chord bears S 32°43118" W; thence N 82021'24" W, 213.00 feet along the toe of the existing slope; thence N 00012159" E, 7.75 feet, to the southwest corner of said Lot 4; thence S 89045'26" E, 194.45 feet to the point of beginning. Said tract of land contains 4,935 square feet,- more or less, and is subject to easements and restrictions of record; is hereby vacated for street purposes. SECTION II. That a utility easement 25 feet in width dais hereby retained, whose westerly boundary begins at the southeast corner of Lot 4 of Block 21, County Seat Addition, and proceeds S 00°12159" W to a point on the southerly boundary of the vacated right-of- way (which bears N 82021124" W) as described in Section I above. SECTION III. That an access easement 15 feet iwidth at its widest point is hereby retained whose southern boundary is coincident with the southerly boundary of the vacated right-of-way (which bears N82021124" W) and which easement runs the full length of said vacated right-of-way and tapers to a width of 7.75 feet at the v?OgR, J Ordinance No. 83-3152 _. Page 2 western boundary of said described right-of- way. SECTION IV. This ordinance shall be in full force and effect when published by law. Passed and approved this 11th day of. October, 198 . YOR ATTEST: aAtJ (�. At -ell CITY LERK Ori ince No. 83.3152 Page 3 It was moved by Erdahl and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: g BALMER —T— DICKSON ERDAHL �— LYNCH �— MCDONALD X NEUHAUSER X PERRET First consideration 9/13/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Second consideration 9/27/83 Vote for passage: Ayes: a mer, ickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Date published October 19, 1983 r� I ORDINANCE NO. ORDINANCE AMENDING SECTION 31-32 OF THE CODE OF IIOWARDITONCES MAKEF THE CITY OF STARTING IOWA TIMECITY FOR EXCAVATION WORK CONSISTENT WITH THE "NOISE CONTROL ORDINANCE." SECTION 1. PURPOSE. The purpose of this amendment is to change the permissable starting time for excavation work in a Public place from 6:00 a.m. to 7:00 a.m., thereby making said starting time consistent With the "Noise Control Ordinance." SECTION 2. AMENDMENT. The last sentence of Section 31-32 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby deleted and substituted in lieu thereof is the following new last sentence: No work shall be done between the hours Of 10:00 P.M. and 7:00 a.m., except with the express written permission of the director, or in the case of an emergency. SECTION 3, REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the If 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 5. 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 Radved & Approved By The DeParhmnl �8 9 o%O %/ I s 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: i s Date published 1 0 10 ORDINANCE NO. ORDINANCE AMENDING SECTION 24.4-4 OF THE CONSTRUCTIONTROACTIVITIESNCEDURI G PROHIBIT" CERTAIN HOURS. SECTION 1. PURPOSE. The purpose of this amendment is to facilitate control of noise Pollution by prohibiting construction activities during certain hours. SECTION 2. AMENDMENT. Section 24.4-4 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new subsection (e) to said section: (e) "Construction activities": No person shall so engage , in construction activities, including but not limited to nailing, painting, excavating, filling, pounding, sawing, drilling, tearing, or demolishing between the hours of 10:00 p.m. and 7:00 a.m. the following morning as to create a noise disturbance across a residential real property boundary or within a noise sensitive area. t SECTION 3. REPEALER. All ordinances and {S parts of ordinances in conflict with the provision of this ordinance are hereby p repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, F 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 5. EFFECTIVE DATE. This Ordinance ' shall be in effect after its final passage, approval and publication as required by law. Passed and approved this E MAYOR ATTEST: CITY CLERK Rocotvad $ Approved By the legal Department 1. It was moved by and seconued by that the Ordinance as read be adopted and upon roll calT there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published ao7� 1 ORDINANCE NO.g3_3153 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION POSE The purpose of this ordinance is to amend Chapter 25 to prohibit parking vehicles in City parks during closed hours, to authorize the Director of Parks and Recreation to designate streets and parking areas in city parks and to place signs marking same, and to make vehicle owners prima facie responsible for parking violations in the city parks. SECTION II. AMENDMENT. Chapter 25 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended as follows: a) Section 25-1(15) is hereby repealed and in its place is substituted the following new Section 25-1(15): Sec. 25-1. Prohibited actions in parks and playgrounds. No person shall, in any park and playground within the city: (15) Be in any park or playground, whether on foot or in a vehicle, or permit any vehicle to remain parked in' any park or Playground between the hours of 10:30 p.ni. and 6:00 a.m. unless granted Special authorization by the City of Iowa City, Iowa. However, from. April 15 to October 31, the hours shall be from 11:00 p.m, to 6:00 a.m. in City Park and Mercer Park. b) Section 25-2 is hereby repealed and in its place is substituted the following new Section 25-2: Section 25-2. Traffic regulations. (a) The Director of Parks and Recreation is hereby authorized and required to designate streets and driveways for use within the parks and playgrounds and to place signs marking the same. The Director of Parks and Recreation is also hereby authorized and required to designate parking areas for the parksand playgrounds and to place signs designating areas in which parking is permitted and prohibited. o?o7d (b) The Director of Parks and Recreation shall notify the City Council in writing of the placement and location of such designation and installation of signs. Upon such notification, the City Council may amend by resolution such action. c) A new Section 25-5 is added as follows: Section 25-5. Owner prima facie responsible for violations. If any vehicle is found stopped, standing or parking in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall be held prima facie responsible for such violation. SECTION III. REPEALER. All ordinances and parts of ordinances 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 pot adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of October, 1983. 11 Py R ATTEST:In,nIC)TY CLERK RK `�('rL�n_) C Retoived S Approved Bye The Legal D� ad nt ,v?073 It was moved by Lynch and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERRET First consideration 9/27/83 Vote for passage:Ayes: Lynch, McDonald, Neuhauser, Balmer, Dickson, Erdahl. Nays: None. Absent: Perret. Second consideration xxx Vote for passage: Date published October 19, 1983 Moved by Lynch, seconded by Perret, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None X073 f Ci ORDINANCE NO. 83-3154 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: SECTION 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. Chapter 31 of the Code of Ordinances, relating to streets, sidewalks and public places, is hereby amended by adding 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, roadways, sidewalks or other public property throughout the City. B. It is 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. C. "Public property" shall mean the streets, sidewalks, roadways, or other property owned by and located within the City of Iowa City. J o707S' Ci Ordinance No. 83-3154 Page 2 D. "Public right-of-way sign" 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, or having the result 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 representation, emblems, trademarks, inscriptions, and patterns, whether affixed to a building, painted, or otherwise depicted on a building, or separate from any building. F. "Sign regulations" shall mean Sections 8.10.35.1 through 8.10.35.24 of the Zoning Code - Appendix A 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 corporation owning such sign. I. 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 ordinance, 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 Manager or his/her designee, and shall be accompanied by the required fee and evidence of the required liability ao7S CI Ordinance No. g3-;154 Page 3 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 applicant. (2) A detailed description of the sign for which a permit is requested, together with photographs 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 in such amount or amounts as the City Council may set from time to time, by resolution. C. The application shall be signed by the 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. J n Ordinance No. 83-3154 Page 4 Section 31-150. Fees. The Council shall, by resolution, set the amount of the fees to be submitted with the permit applications. Section 31-151. 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, fees and attach- ments. The City Manager of his/her designee shall promptly submit only complete applications to the Council. The Council will normally consider such applications only at regularly scheduled formal meetings. Section 31-152. 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 moved an the public right-of-way. Section 31-153. 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. Section 31-154. 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 Council. (3) Moving the sign within the public right-of-way. (4) Misrepresentation of any material fact in the application for the permit, or any renewal thereof. 1 ao,s 1 Ordinance No. 83-3154 Page 5 (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 31-155. Effect of Denial or Revoca- tion of Permit. If a permit for a right-of-way sign is i 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 31-156. Appeal and Hearing. 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 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 U( of Chapter 2 of the City iCode of Ordinances. Section 35-157, Applicability of Sign Regulations. i 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 070 7S Ordinance No. 83-3154 Page 6 first obtained (1) the license and permits required for such actions under the sign regulations, and (2) City Council consent for any alteration 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 31-158. 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 and parts of ordinances 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 DATE, This Ordinance shall be to effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of October, 1983. MAYOR// 1l ATTEST: % 10s _„„J 4-Xo�n 1 CITY CLERK i Orc^ Page 7 nce No. 83-315q It was moved by Balmer that the Ordinance as read be adopted and dupon oroll callby Rthere were: AYES: NAYS: ABSENT: w - x- _ BALMER —x DICKSON -x- _ ERDAHL —x— LYNCH —x— MCDONALD —x NEUHAUSER —x— PERRET First consideration )OCC Vote for passage: i Second consideration XXlIX Vote for passage: i Date published October 19, 1983 Moved by Balmer, seconded by McDonald, 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: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. I e ORDINANCE NO. i 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: SECTION 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 j such signs, and to prohibit the erection of additional signs on public prop rty. E SECTION II. AMENDMENT. Chapter 31 of the Code of Ordinances, relat),ng to streets, 1 sidewalks and public places, is hereby ended by adding the following new Article V - RIGHT-OF-WAY SIGN PERMITS: Sec ion 31-145. FINDIN S AND PURPOSE A. he Sign Regula ions of Iowa City I ! Ovide a com�ehensive regulatory i sc eme for sign on private property in the City. lowter, numerous signs have i been found to a located in or upon the publi stree ,roadways, sidewalks or other ubli property throughout the City. B. It is int t of this article, in order to promo the health, safety, and general w 1 re of the population, that I no new sign be placed in or upon f public ropert , and that free standing j and mo ument si s currently located in or u on public property shall be elimi ated and r oved on or before July 1, 2003. Section -146 Definition P A. "F ee standing sign shall mean a pe manent sign which 1 supported by o e or more up -rights o braces in or (! on the ground and not at ched to any uilding or wall. f B. "Monument sign" shall mea a sign affixed to a structure, bui'l't on a grade, in which the sign and the structure are an integral part of, one another. C. "Public property" shall mean the streets, sidewalks, roadways, or other property owned by and located within the City of Iowa City. Orcince No. Page 2 D. "Public right-of-way sign" 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, or having the result 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 representation, emblems, trademarks, inscriptions, and patterns, /whether ffixed to a building, pa nted, or o erwise depicted on a building, or sen rate from any building F. "Sig regulations" shall"mean Sections 8.10. .1 through 8.16.35.24 of the Zoningode - City Cod of '0 Section 31-147. Pei It shall b i firm, or cor p of publicp r right-of-way obtained a i permit ther o' x A of the Iowa s/Required. iful for any person, on to use any portion ty for any public without having first right-of-way sign Section 31-148. Applica ion - Generally. A. A verifi applica ion for a permit required by this ar icle, containing the i ormation required in this articl , shall be filed with the City Clerk y any person, firm or corpora- tion esiring to continue o use public prop rty for a sign. The pplication sha I be filed by the person, firm, or co poration owning such sign. B. A lications for the original i suance o a public right-of-way sign ermit hall be filed within sixty (60)\days f the effective date of this ordinance, 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 n such number of copies and in such form as may be prescribed by the City Clerk, and shall be accompanied by the required fee and evidence of the required liability insurance. A separate application shall be filed for each sign. ao,7.s Orr~ince No. Page 3 Section 31-149. Signs - Contents. A. The application form for a public right -of -sign permit shall, in addition to other information the City Clerk shall deem necessary, contain the following information: (1) Name and address of the applicant. (2) A detailed description of the sign for which a permit is requested, together with photographs showing all sides of the sign. (3) The exact location of the sign, including a scaled plot plan showing the location of the si9K Renewal applications /may incorporate by reference the plot lap accomp a lication.anying the original (4) Th name, address, pad/general des iption of the lusiness to which the sign rel tes, and the name(s and addre s(es) of the owners o such business. (5) The name r name and address(es) of the o er r owners of the property a u ting the public property in, upon or over which the sign is 1 ted. (5) A statemen thIt the applicant shall ind nify, defend and hold harmless a City om and against all clai s for dam es which in any way relate to o arise from the us or location oNhe sign to which he application relates. B. The applic tion shall be accomp pied by a policy, or other evidence acceptable to the City Clerk, of liability insuran a purchased by the appli ant for th protection of the public, which policy shall name the City as a� addit onal insured and shall indemnify and ave harmless the City in such amo t or amounts as the City Council may set from time to time, by re olution. C. Th application shall be signed by the ap licants, 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. Orc'_"�:nce No. Page 4 Section 31-150. Fees. The Council shall, by resolution, set the amount of the fees to be submitted with the permit applications. Section 31-151. Council Action. It shall be the responsibility of applicants to obtain and submit to the City Clerk complete application forms, with required signatures, fees and attachments. The City Clerk shall promptly submit only complete applica- tions to the Council. The Council will normally consider such applietions only at regularly scheduled formal meetings. S ction 31-152. 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 nstitute property, or be subject to a achment and execution, nor be all nable or assignable. The license j or p rmit shall only relate to the sign !` for w 'ch it is/issued, as evidenced by the con iguraton and location shown in the a atidn therefor. B. No sign which a permit is issued hereunder y be altered in any way ( without the consent of the City Council, and n such sign may be moved on the pfblic riht-of-way. f Section 31-1153. Term oflermit. All r' ht -of -way sign permits, unless soone� revoked or surrendered, shall expi/pe one year fram the date of isscfance, except that\no permit shall ` ext�end beyond June 30, 2003. Section/ 31-154. Denial or Revocation of Permit Grounds, Effect. Q right-of-way sign per(it may be denied or revoked, following notice and hearing, for any of the following reasons: j (1) The sign was not in place prior to July 1, 1983. (2) Alteration of the sign without prior consent of the City Council. (3) Moving the sign within 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. i Orc ^'.nce No. r Page 5 (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 equired in Sectio /31-157.A. Section 31- 5. Effect of enial or Revoca- tion of Permi If a perms for a ight-of-way sign is either dens I or revoked, the owner of such sign sh 1/have thirty (30) days from the date of the Council action denying or re o 'ng such permit within which to remove such sign from the public right-of-wa If such sign is not removed within s h thirty (30) day period, the City may emove such sign and assess the cost a inst the owner of the abutting property. Section 31-156. Appeal and Hea ing. The right to a hearing befa the City Council shall be afford to a right-of-way sign permit applicant whose application is denied or a permittee whose permit is revoke Any such applicant or permittee who eels aggrieved by a decision denying \or revoking a right-of-way sign permit may, within ten (10) days of suA 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 35-157. 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 Ore nce No. Page 6 the sign regulations, and (2) City Council consent for any alteration 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 31-158. 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 P roperty, shall automatically expire on une 30, 2003. (b) On or befo a June 30, 2003, all signs for which p mits are issued hereunder shall be rem ed from public property. Any such si which has not been removed by tha date may be removed b the City, and t cost of such removal shall be assessed against the owner! SECTION III. REPEALER. All ordinan es and parts of ordinances i conflict�ith the provision of this ordnance a hereby repealed. SECTION IV. SEVERABILITY. I,f any section, i provision or part of the Or inance shall be adjudged to be invalid or n onstitutional, such ajudication shal not affect the validity of theOrdinan a as a hole or any section, provision r part t �reof not adjudged invalid or nconstitutional. i SECTION V. EFFECT E DATE. This Ordinance shall be in effe after its final passage, approval and pu ication as required by law. Passed an approved this MAYOR � ATTEST: CITY CLERK i i l v J It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: I AYES: NAYS: ABSENT: — BALMER DICKSON — ERDAHL LYNCH MCDONALD / NEUHAUSER PERRET First considerate n 9/ 3/83 Vote for passage Ayes: Lynch, Dickson, Erdahl, McDonald, Neuhauser. Nays: None. Ab t: erret. Second consider ion 27 83 Vote for pas age: Ayes: Balmer, kson, Erdahl, Lynch, McDona Neuhau Nays: None. Absent: Perret. Date pub _i shed Rec,ivnd & Approved Ey Tr' • 1. ;gal D••p M enl .--9 � 3 ao7s f