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HomeMy WebLinkAbout2008-10-06 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 23rd day of September, 2008, in Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter. as posted by the City Clerk;- at which hearing the Council will consider: 1. An ordinance amending Article 14-5B, Sign Regulations, and Article 14-9C, Sign Definitions, to allow limited use of freestanding signs in the Central Business Service (CB-2) zone, add a definition and standards for entranceway signs, and clarify regulations regarding signs on rental properties 2. An ordinance conditionally rezoning approximately 3.87 acres of property located south of Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to Commercial Office (CO-1) (REZ08-00008) Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK I°~~` V Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 14-5B, SIGN REGULATIONS, ARTICLE 14-9C, SIGN DEFINITIONS, SECTION 14-46-1, MINOR MODIFICATIONS, AND ARTICLE 14-3C DESIGN REVIEW, TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL =BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPERTIES WHEREAS, the Central Business Service (CB-2) Zone is intended for the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in downtown Iowa City and adjoining areas and to enhance the pedestrian orientation of the central area of the city ;and WHEREAS, freestanding signs are typically not suitable for pedestrian-oriented urban commercial areas, but there are limited circumstances in the CB-2 Zone where the existing configuration of a site and location of the building or buildings on a site might make it practically difficult to install a monument sign and that other types of allowed signage would not be readily visible from the street due to the location of building(s) or other unique site characteristics; and WHEREAS, archways that delineate the entrance to a parking lot or grounds may be appropriate locations for directional and/or identification signage; and WHEREAS, commercial sign clutter detracts from the residential character of single family neighborhoods; and WHEREAS, signs advertising real estate for sale or lease should be temporary in nature and not permanent features on a building; and WHEREAS, small signs identifying the leasing company are appropriate on larger multi-family buildings in multi-family zones where due to the number of apartments turnover rates are higher. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By repealing Article 14-5B, "Sign Regulations," and substituting in lieu thereof "Article 14-5B, Sign Regulations," attached hereto and incorporated herein by this reference; and B. Amending Article 14-9C, "Sign Definitions," by adding definitions of "entranceway sign" and "residential leasing company sign," as follows: ENTRANCEWAY SIGN - Anon-building sign incorporated into or mounted on the face of, or affixed above or below an entranceway arch that extends over a walkway or driveway. Said sign type is intended to identify and direct traffic to a place, grounds, or parking lot. The sign may include the name of only one entity or place and an associated logo, crest, or insignia that identifies the place, grounds or entity to which the parking or grounds belong. The sign may also include the words, "parking," "entrance," and/or directional arrows, but may not contain any advertising message. RESIDENTIAL LEASING COMPANY SIGN: A building sign displaying the name, address, phone number, website, crest, insignia, and/or trademark of the leasing company for the multi-family building upon which it is located. C. Amending Article 14-9C, "Sign Definitions," by deleting the definitions of "real estate sign" and temporary sign," and substituting in lieu thereof, new definitions for these sign types as follows: 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. TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, or political sign constructed of temporary materials, such as cardboard, wallboard or plywood, with or without a structural frame, intended for a temporary period of display, but excluding banners. D. Amending Section 14-46-1, "Minor Modifications," by adding a paragraph 20, under subsection A, "Applicability," as follows: Ordinance No. Page 2 20. Freestanding sign in the CB-2 Zone, according to the approval criteria and specifications as stated in Table 56-4 in Article 14-56, Sign Regulations. E. Amending Section 14-3C-2, "Applicability," by adding a paragraph 8, under subsection A, "Designated areas, buildings, and structures," as follows: 8. Entranceway Signs Requests for an alternative design for an entranceway sign as provided for in Article 14- 5B, Sign Regulations. F. Amending paragraph 14-3C-3A-1, "Level I Review," by adding asub-subparagraph (8) under subparagraph a, as follows: (8) Requests for an alternative design for an entranceway sign as provided for in Article 14- 56, Sign Regulations. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 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 Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR Approved by ,~' ATTEST: ~~~~ CITY CLERK - ity Attorney s Office ~ ~~S/~~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration i o/6/loos Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia. NAYS: Hayek, O'Donnell. ABSENT: None. Second Consideration _ Vote for passage: Date published PAGE 56-1 14-SB Sign Regulations Article B. Sign Regulations ' ~~ The purpose for this Article is to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic and scenic beauty. These regulations are also intended to reduce distractions and obstructions contributing to traffic accidents, reduce hazards caused by signs projecting over the public right of way, provide a reasonable opportunity for all sign users to display signs without interference from other signage, to provide fair and equitable treatment for all sign users and to establish a reasonable period of time for the elimination of nonconforming signs. . ~.. .~ A. Applicability All signs on private property must be installed, maintained, and/or removed according to the provisions of this Article. B. Permit Required 1. No sign requiring a permit in accordance with the requirements of this Article shall be installed, altered, moved, improved or converted without first obtaining a sign permit from the Building Official or designee according to the procedures specified in Chapter 8 of this Title, Review and Approval Procedures. A permit is not required for incidental repairs or routine maintenance. 2. Certain types of signs are allowed without a permit and such exemption from the sign permit requirements is clearly specified in the tables included in Sections 8 and 9, below. A permit is required for any sign that is not specifically exempted from the permit requirements. C. Sign Installer's License Required 1. Except for those signs not requiring a permit, as listed in Sections 8 and 9 of this Article, it shall be unlawful for any person to install, alter, move, improve, remove or convert any sign without having a sign installer's license in good standing issued by the City. Aone-time sign installer's license shall be available to a tenant or owner of a building to permit the tenant's or owner's own sign to be installed. 2. The license to install, alter, move, improve, remove or convert any sign as required herein shall be known as a sign installer'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 Inspection Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits as set out in Title 3, Chapter 4 of the City Code. The 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 license shall indemnify and save harmless the City from any and all damage, PAGE 56-2 14-SB Sign Regulations judgment, cost or expense which the City may incur or suffer by reason of said license issuance. 3. All sign installer's licenses shall expire on December 31 of each year. Renewal fees and reinstatement fees shall be as established by resolution of the City Council. Any license that has expired may be reinstated within 60 calendar days after the expiration date upon payment of an additional reinstatement fee. 4. A one-time sign installer's license shall be valid for 30 days from the date of issuance. 5. The Building Official or designee is responsible for enforcement of these provisions and is empowered to suspend or revoke a sign installer's license for a violation of the sign regulations or if the license was obtained by fraud or if the license allows any person not employed by the sign installer without a valid installer's license to do or cause to be done any work requiring a license. 6. A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the Board of Adjustment. 7. If a license is revoked for any reason, another installer's license shall not be issued to such person for 12 months after revocation. D. Application of State Law In any case in which the Code of Iowa, as amended, contains more restrictive requirements than the regulations contained herein, the Code of Iowa, as amended, will govern. 14-5B-3 General Location Standards A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any properly lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. PaGE 5B-3 14-SB Sign Regulations B. Signs Adjacent To Residential Zones 1. Any sign located in aNon-Residential zone, but within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and 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. 14-5B-4 Construction and Maintenance Requirements A. Construction All signs, except for temporary signs, 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. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-10 Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually, unless precluded by definition or specifically prohibited herein. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14- 9C, Sign Definitions. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI- 1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. PAGE 5B-4 14-SB Sign Regulations c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make 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. e. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-1, CN-1, and CB-10 Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. E. Illumination Requirements Illuminated signs must conform to the following requirements: 1. Except for signs in the ID and Residential Zones and special event signs, all permitted signs may be internally or externally illuminated. All 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 or inert gas tubes is 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. Illumination through the use of LEDs is allowed only as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monitors PAGE 56-5 14-SB Sign Regulations and must at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. The electronic changeable copy must be monochromatic. It must utilize a dark background with only the message or image lit in a single color. 4. Artificial external light sources used to illuminate a sign face must be located and shielded such that the bulb is not directly visible from any adjacent residentially- zoned property or public right-of-way and must use a narrow cone of light that does not extend beyond the illuminated sign face. 5. Illumination on a property, including illumination from signs, must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-1, or CO-1. 6. All illuminated signs are subject to the provisions of the Electrical Code, including any permit fees. 7. Permit applications for electronic changeable copy signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations. 8. For electronic changeable copy signs, whether the sign is programmed from the site or from a remote location, the computer interface that programs the sign shall be made available to City staff for inspection upon request. If the computer interface is not immediately available, the sign shall cease operation until such program can be provided. 14-5B-5 Nonconforming Situations A. Nonconforming Signs All legally nonconforming signs must comply with the provisions specified for nonconforming signs in Article 14-4E, Nonconforming Situations. Signs deemed "historic" may be eligible for a special exception according to the provisions specified in Article 14- 4E, Nonconforming Situations. B. Signs for Nonconforming Uses A nonconforming use is 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, except that residential leasing company signs are not allowed on multi-family buildings in the RR- 1, RS-5, RS-8, RS-12, and RNS-12 Zones regardless of the nonconforming status of the building. 14-5B-6 Prohibited Signs A. Regulations are Exclusionary These regulations are intended to be exclusionary. Any type of sign not specifically listed in this Article is prohibited. In addition, the following signs are specifically prohibited in all zones: PAGE 56-6 14-SB Sign Regulations 1. Animated signs, except for barber poles as expressly permitted by this Article; 2. Hazardous signs; 3. Obsolete signs; 4. .Painted wall signs; 5. Portable signs, including signs on wheels, trailers, and truck beds, but excepting those portable signs expressly permitted by this Article; 6. Roof signs; 7. Searchlights; 8. Spinners, balloons, pennants, or other similar devices; 9. Swinging signs. 10. No vehicle, including trailers, shall be parked so that it functions primarily as a sign. A vehicle will be considered in violation of this provision if questions a. through c., below, can be answered in the affirmative and there is no compelling answer to question d. to justify the parking location as opposed to some less conspicuous location. a. Is the vehicle parked at a prominent location? b. Can people driving by the sign easily read the sign? c. Is the vehicle in the same or similar locations for several hours during the same day or for several days during the same week? d. Are there any stated or apparent reasons, other than for signage purposes, that justify the vehicle being at that location? B. Removal of Prohibited or Illegal Signs In accordance with the following procedure, the Building Official or designee is 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 designee will provide written notice to the owner or operator of the business to which the sign relates. 2. The notice will specify that the illegal or prohibited sign must be removed or brought into compliance with this Article 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 designee is hereby authorized to have the sign removed to be used as evidence and assess the costs of removal against the properly for collection in the same manner as a property tax. 14-5B-7 Measurement Standards A. Maximum Sign Area 1. Where the size of a sign is regulated by the area of a wall, an awning or a canopy, the maximum sign area is calculated as a percentage of the total area of the wall, the awning, or the canopy on which the sign is affixed. PAGE 56-7 14-SB Sign Regulations 2. For entranceway signs located on the front elevation of the subject archway, the maximum sign area is calculated as a percentage of the total area delineated by the archway. For entranceway signs located on the side of the archway, the maximum sign area is calculated as a percentage of the surface area of the side of the archway support on which the sign is located. Figure 5B.1 illustrates how to measure the total area delineated by the archway and the surface area of the side of the archway support. The total area delineated by the archway in Figure 5B.1 = x(y). The surface area of the side of the archway support in Figure 5B.1 = a(b). Figure 58.1 ~ _ ~ 7` ~ i i ~ i i ~ ~ ~ ~ i i ~ ~ h ~ ~ __-. i _ '7 i .--~~ ~ ~_-- ~ ~~ X ~` t \ ` ' // 3. The total building signage on a wall, canopy, or awning shall not exceed the maximum sign allowance for that wall, canopy, or awning, regardless of the number of uses or occupants in the building. For example, if the maximum sign area for facia signs is 15 percent, then no more than 15 percent of any single wall of the building may be covered by facia signs, regardless of how many businesses are located in the building. B. Measuring Sign Area The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face. In the case of a sign composed of characters or words that are attached directly to a building, an appurtenance to a building, or a masonry wall, the area of the sign will be computed by determining the area of a triangle, rectangle, or circle that completely encloses the whole group of characters or words. C. Measuring Sign Height 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. PAGE 56-8 14-SB Sign Regulations 14-5B-8 Signs Permitted by Zone A. Sign Standards for the ID and OPD Zones 1. Permitted Signs: a. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign and public flags, as specified in Table 5B-1, below. b. Signage for non-residential uses in the ID-RS and ID-RM Zones, are permitted one identification sign. The identification sign may be one of the following types: facia, awning or monument sign. For Institutional Uses, the sign may also include copy announcing its services or activities. c. Signage for non-residential uses in the ID-C, ID-I, and ID-RP Zones must comply with the sign regulations contained in Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. d. Residential uses in any OPD zone are permitted Signage in accordance with the requirements of the underlying Residential Zone. Non-residential uses approved as part of a planned development are permitted Signage in accordance with the sign regulations contained in Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Sign Specifications and Provisions a. All signs for residential uses in the ID Zones and OPD Zones are subject to the standards specified in Table 5B-1. b. All signs in the ID-RS and ID-RM Zones are subject to the standards specified in Table 5B-1. c. All signs for non-residential uses in the ID-C, ID-I, and ID-RP Zones are subject to the standards specified in Table 5B-2. d. In the OPD Zone, all signs for non-residential uses approved as part of a planned development are subject to the standards specified in Table 5B-2. B. Sign Standards for all Residential Zones 1. Permitted Signs: a. Principal uses, other than Single-Family Uses and Two Family Uses, .are permitted one identification sign. The identification sign may be one of the following types: facia, awning, or monument sign. For Institutional Uses, the sign may also include copy announcing its services or activities. b. Parks and Open Space Uses are permitted entranceway signs as specified in Table 5B-1. c. In Multi-Family Zones, multi-family buildings with 8 or more dwelling units are allowed Residential Leasing Company Signs as specified in Table 56-1, below. d. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign and public flags, as specified in Table 5B-1, below. PAGE 56-9 14-SB Sign Regulations 2. Sign Specifications and Provisions All signs in Residential Zones are. subject to the standards specified in Table 5B-1. Table 56-1 :;Sign Specifications and Provisions in Residential Zones and the 1D and OPD Zones Permitted Signs Zone Maximum Sign Area Maximum Height 8~ Special Provisions. Max. Height: Top of first ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 4 sq. ft. story. Limited to identification only, except as allowed for Facia Sign' ID-RM, RM-12, RM-20, RNS-20, RM-44, 12 sq. ft. Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. Max. Height: 5 ft Limited to identification 12 sq. ft. per sign face. only, except as allowed for ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 May be double-faced fora Institutional Uses. total area of 24 sq.ft. Not allowed for Single Family and Two Family Uses. ' Monument Sign Max. Height: 5 ft Limited to identification 24 sq. ft. per sign face. only, except as allowed for ID-RM, RM-12, RM-20, RNS-20, RM-44, -May be double-faced fora Institutional Uses. PRM total area of 48 sq.ft. Not allowed for Single Family and Two Family Uses. Max, Height: Top of first story Limited to identification ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, o 12 sq. ft. or 25 /o of awning only, except as'allowed for Awning Sign' ID-RM, RM-12, RM-20, RNS-20, RM~4, surface, whichever is less Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. PAGE 56-10' 14-SB Sign Regulations Table 56-1: Sign Specifications andProvisions'in Residential Zones and the ID and OPD Zones Permitted Signs Zone Maximum Sign Area Maximum Height 8 Special Provisions Maximum Height: 20 ft. Up to one sign per facade of the subject archway. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. If an applicant finds that this standard is too restrictive, they may request a Level I review from the Design For signs located above or Review Committee for an across the top of the alternative design. The subject archway, the area Design Review Committee of the sign may not exceed will approve, approve with 25% of the area delineated conditions, or deny an by the subject archway. application based on whether the proposed Allowed for Parks and Open Space Uses For a sign located on the alternative design is Entrancewa Sin Y 9 in an Residential Zone, ID Zone, or OPD Y side of the archwa ,the y appropriate to and Zone area of the sign may not integrated into the overall exceed 33% of the surface design of the entranceway. area of the side of the The Committee will archway support on which consider such factors as the sign is located. color, materials, size, and (See 14-56-7 Measurement proportionality. Standards) Minimum clearance height is 10 feet for entranceway signs across driveways and 8 feet for entranceway signs across walkways. . Entranceway signs are not allowed if the subject lot or tract already has a monument sign located at the subject entrance. The sign must be a building sign. Only allowed on multi-family Residential buildings that contain 8 or Leasing Company RM-12, RM-20, RNS-20, RM-44, PRM 3 sq. ft. more dwelling units. Sign Up to one of these signs is allowed per building. Must be located no more than 10 feet above grade. PAGE 56-11 14-SB Sign Regulations Table 56-1: $ign Specifications and Provisions in Residential Zones and the ID and OPD Zones Permitted Signs Zone Maximum Sign Area Maximum Height & ,Special Provisions The sign must be a building sign. Up to one of these signs is Small ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, allowed per building. identification sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. No permit is required. PRM Not allowed if the building has a residential leasing company sign. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, 2 sq. ft. per face Directional signs ID-RM, RM-12, RM-20, RNS-20, RM-44, May be double-faced for - PRM total area of 4 sq. ft. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Up to one of these signs is Integral sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. allowed per building. PRM No permit is required. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Public Flags ID-RM, RM-12, RM-20, RNS-20, RM-44, - No permit is required. PRM 'Only one sign is permitted; one facia sign, one awning sign, or one monument sign (See 14-56-8A-1.b.,above) C. Sign Standards in the CO-1, CN-1 and MU Zones 1. All signs in the CO-1, CN-1, and MU Zones are subject to the standards specified in Table 5B-2. 2. Except for identification banners, monument signs, and entranceway signs, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded. The number of identification banners, monument signs, and entranceway signs is limited according to the provisions specified in Table 5B-2. 3. Signage for residential uses must comply with the requirements for residential uses in the RM zones as .stated in Table 5B-1. Tab{e 56-2: Sign Specifications and Provisions in the CO-1, CN-1, and MU Zones Permitted signs Maximum Sign Area Maximum Height Provisions Top of first Facia Signs 15% allowance per story, except as allowed Parapet signs are allowed, but only on one-story buildings. sign wall for parapet signs Canopy Signs 8 sq. ft. per sign Top of first story _ PAGE 56-12 14-SB Sign Regulations Table 56-2: Sign Specifications and Provisions in the C0-1, CN-1,-and MU Zones Permitted signs Maximum Sign Maximum Provisions Area Height Up to two identification banner signs may be affixed to each parking area light pole, provided that the following conditions are met: • The parking area must contain at least 200 parking spaces and be shared by multiple commercial uses. • The light poles on which banners are affixed must be spaced at least 80 feet apart. .Identification 18 sq. ft. per 20 ft Each banner can be no more than 3 ft wide and 6 ft in height. Banners banner The banner must be mounted or affixed so that the bottom edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in appearance and size. The permit for the banner sign shall be valid for no more than one (1) year. However, the permit will be renewable if the banner signs are in good condition or are replaced with new banner signs. Two or more uses on a single lot may share a common monument sign. The number of monument signs on a lot or tract is limited as follows: • For lots or tracts with less than 160 feet of frontage on a single street, Up to 2 sq. ft of only one monument sign is permitted along that frontage. sign area per lineal For lots or tracts with 160 to 300 feet of frontage along a single street, foot of lot frontage, up to 2 monument signs are permitted. The monument signs must be not to exceed 50 at least 150 feet apart as measured along the frontage. Monument signs sq. ft. per sign face. 5 ft. For lots or tracts with frontage in excess of 300 ft along a single street, May be double- up to 3 monuments signs are permitted, provided the signs are at least faced for a total 150 ft apart as measured along the frontage. area of 100 sq. ft. For lots or tracts with frontage along more than one street, each ~ per sign. frontage is allowed signs based on the formulas stated above up to a maximum of 5 signs. Any sign that is located within 25 feet of a corner (at the point where property lines intersect) will count as two signs; one toward the sign allowance for each frontage. For signs located above or across the Up to one sign per facade of the subject archway. top of the subject The sign may not contain changeable copy. archway, the area Sign copy may not extend beyond the edges of the entranceway structure. If of the sign may not of the d 25 / an applicant finds that this standard is too restrictive, they may request a excee ° Level I review from the Design Review Committee for an alternative design. area delineated by The Design Review Committee will approve, approve with conditions, or the subject deny an application based on whether the proposed alternative design is archway. appropriate to and integrated into the overall design of the entranceway. Entranceway For a sign located The Committee will consider such factors as color, materials, size, and Sign on the side of the 20 ft. proportionality. archway, the area of the sign may not Minimum clearance height is 10 feet for entranceway signs across exceed 33% of the driveways and 8 feet for entranceway signs across walkways. surface area of the side of the archway Entranceway signage as specified herein will count as one sign toward the support on which total limit for monument signs on a lot or tract.. Entranceway signs are not the sign is located. allowed if the subject lot or tract already has a monument sign located at the (See 14-5B-7 subject entrance. Measurement Standards) Awning signs 25% of awning Top of first _ surface story Window signs 25% of window -- -- area PAGE 5B-13 14-SB Sign Regulations Table 56-2: Sign Specifications and Provisions in the'CO-1, CN-1, and MU Zones Permitted signs Maximum Sign Maximum Provisions Area Height 25 sq. ft. per sign Time & face Temperature May be double- - Shall not project more than 6 ft. into public right of way. Signs faced for a total of 50 sq. ft. Maximum diameter: 9 inches Barber Poles - - Maximum length: 3 ft 3 sq. ft. per sign Directional signs face _ _ May be double- faced for total area of 6 sq. ft. Identification & 2 sq. ft. Up to one of these signs is allowed per building. Integral signs No permit is required. One private flag may be displayed in conjunction with public flags. Flags _ _ No permit is required. Quick Vehicle Allowed for Quick Vehicle Servicing Uses. Servicing Signs No permit is required. D. Sign Standards in the CH-1, CC-2 and CI-1 Zones 1. All signs in the CH-1, CC-2, and CI-1 Zones are subject to the standards specified in Table 5B-3. 2. The total number of freestanding signs, freestanding wide-base signs and monument signs on a lot or tract is limited as follows. Any combination of these three types of signs is allowed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. Freestanding wide-based signs are not permitted on lots or tracts with less than 160 feet of frontage. b. For lots or tracts with 160 to 300 feet of frontage along a single street, up to 2 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. c. For lots or tracts with 301 to 600 feet of frontage along a single street, up to 3 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. d. For lots or tracts with frontage in excess of 600 feet along a single street, up to 3 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. One additional monument sign is allowed, provided the sign is at least 150 feet from any other monument, freestanding, or freestanding wide-base sign. e. For lots or tracts with frontage along more than one street, each frontage is allowed signs based on the formulas stated in subparagraphs a. through d., above. However, a maximum of 5 such signs are allowed on any one lot or PAGE 56-14 14-SB Sign Regulations tract. Any sign that is located within 25 feet of a corner (the point where property lines intersect) will count as two signs; one toward the sign allowance for each frontage. 3. Other than for entranceway signs and the types of signs listed in paragraph 2, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 5B-3 are met. 4. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 5B-1. Table 56-3:"SignSpecifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum .Height. Provisions Facia signs 15% allowance per sign wall - -- Canopysigns 12 sq. ft. per sign Top of first story - Up to 2 sq. ft. per lineal foot of lot frontage, not to exceed 25 feet, 125 sq. ft. per sign face. May however, in the be double-faced for a total CH-1 District, area of 250 square feet. property within When 2 or more uses are located on a lot, a common Additional sign area is 1,000 feet of an freestanding or monument sign may be installed. The maximum allowed in the CH-1 Zone as interstate area of the common sign may be 50% larger than the area of Freestanding follows. For property within highway right of the maximum individual sign allowed. signs 1,000 feet of an interstate way may have 1 The number of signs is limited according to paragraph D.2., highway right-0f-way, one of freestanding above. the property's allotted sign with a freestanding signs is allowed maximum height up to 250 sq. ft per sign face, not to exceed 65 which may be double-faced feet. for a total area of 500 sq. ft. Maximum width: 10 ft. When 2 or more uses are located on a lot, a common sign may Up to 2 sq. ft. per lineal foot beonstalled. The maximum area of the common sign may be of lot frontage, not to exceed 50 /° larger than the area of the maximum individual sign Freestanding, 125 sq. ft. per sign face. 26 ft. allowed. Wide Base signs May be double-faced fora The number of signs is limited according to paragraph D.2., total of 250 sq. ft. above. However, a freestanding, wide-based sign is only allowed if the lot frontage is at least 160 feet, and the City Engineer determines that the location of the sign will not obstruct the visibility of vehicles entering or exiting the property. When 2 or more uses are located on a lot, a common Up to 2 sq. ft. per lineal foot monument or freestanding sign may be installed. The maximum of lot fronta e, not to exceed g area of the common sign may be 50% larger than the area of Monument signs 50 sq. ft. per sign face. May 5 ft the maximum individual sign allowed. be double-faced for a total The number of signs is limited according to paragraph D.2., area of 100 sq. ft. above. Up to 1 sq. ft. per lineal foot of lot frontage, not to exceed 1 ft. less than Masonry Wall 50 sq. ft. per sign. the height of the One masonry wall sign is allowed, in lieu of a monument, Sign In additiono the sign may not masonry wall, freestanding, or freestanding wide-base sign. exceed 15 /° of the total area not to exceed 12 of the face of the masonry feet wall PAGE 5B-15 14-SB Sign Regulations Table 5B-3: Sign Specifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign. Area Maximum Height Provisions Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. If an applicant finds that this standard is For signs located above or too restrictive, they may request a Level I review from the across the top of the subject Design Review Committee for an alternative design. The archway, the area of the sign Design Review Committee will approve, approve with may not exceed 25% of the conditions, or deny an application based on whether the area delineated by the proposed altemative design is appropriate to and integrated into subject archway. the overall design of the entranceway. The Committee will For a sign located on the consider such factors as color, materials, size, and Entranceway side of the archway, the area 20 ft. proportionality. Sign of the sign may not exceed 33% of the surface area of Minimum clearance height is 10 feet for entranceway signs the side of the archway across driveways and 8 feet for entranceway signs across support on which the sign is walkways. located. (See 14-56-7 Measurement Entranceway signage as specified herein will count as one sign Standards) toward the total limit for freestanding, freestanding wide-base signs and monument signs on a lot or tract. Entranceway signs are not allowed if the subject lot or tract already has a monument sign, freestanding sign, freestanding wide-based sign, or masonry wall sign located at the subject entrance, For shopping centers, up to two identification banner signs may be affixed to each parking area light pole, provided that the following conditions are met: • The parking area must contain at least 200 parking spaces and be shared by multiple commercial uses. • The light poles on which banners are affixed must be spaced at least 80 feet apart. • Each banner can be no more than 3 ft wide and 6 ft in Identification Banners 18 sq. ft. per banner 20 ft height. The banner must be mounted or affixed so that the bottom edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in appearance and size. The permit for the banner sign shall be valid for no more than one (1) year. However, the permit will be renewable if the banner signs are in good condition or are replaced with new banner signs. Awning signs 25% of awning surface Top of first story - Window signs 25% of window area - - 3 sq. ft. per sign face Directional signs May be double-faced for total - - area of 6 sq. ft. Drive-Through Restaurant Menu Area: 10 sq. ft. - Only allowed in Zones where drive-through facilities are allowed Signs for restaurants. Time & 25 sq. ft per sign face. Permitted only inthe CC-2 zone, Temperature May be double-faced for a - Signs must not project more than 6 ft. into the public right-0f- Signs total area of 50 sq. ft. way. PAGE 56-16 14-SB Sign Regulations Table 5B-3: Sign Specifications and Provisions in the CH-1 CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Maximum diameter: 9 inches Barber Poles - - Maximum length: 3 ft Identification & 2 sq ft Up to one of these signs is allowed per building. Integral signs No permit is required. One private flag may be displayed in conjunction with public Flags -- - flags. No permit is required. Quick Vehicle Servicing Signs _ _ Allowed for Quick Vehicle Servicing Uses. No permit is required. E. Sign Standards in the CB-2, CB-5 and CB-10 Zones 1. All signs in the CB-2, CB-5 and CB-10 Zones are subject to the standards specified in Table 5B-4. 2. The maximum sign area for each type of sign, special provisions, and any restrictions on the number of signs allowed are specified in Table 5B-4. Unless specifically limited in Table 5B-4, any number of signs may be installed. 3. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 5B-1. Table 56-4: Sign Specifications and Provisions in the CB-2, CB-5 and CB-10 Zones Permitted Signs Maximum Sign Area .Maximum Height Provisions ` Facia signs 15% of sign wall area - - Canopysigns 12 sq. ft per sign Top of first story - Up to one canopy roof sign is allowed per storefront. The bottom edge of the sign must be located no more than 4 inches above the canopy. Storefronts up to 39 ft. in length:15 sq. ft. For storefronts up to 39 ft. in length: • Maximum height of copy: 13" Storefronts between 40 Maximum thickness: 6" Canopy roof signs and 59 ft in length: 25 Top of first story For storefronts between 40 and 59 ft in length: sq. ft. • Maximum height of copy: 20" Storefronts >60 ft in Maximum thickness: 8" length: 35 sq. ft. For storefronts >60 ft in length: • Maximum height of copy: 30" • Maximum thickness: 10" Only one monument sign is allowed per lot or tract. When 2 or more uses are located on a lot, a common 24 sq.ft. per sign face. monument sign maybe installed. A common monument Monument sign May be double-faced fora 5 ft. sign may identify up to 4 uses per sign face. total area of 48 sq. ft. A monument sign is not allowed if the property has a freestanding sign, an entranceway sign, or a masonry wall sign. PAGE 5B-17 j¢-SB Sign Regulations Table 56-4: Sign Specifications and Provisions in the CB-2, CB-5 and C6-10 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions - Awning signs 25% of awning surface Top of first story Awning signs are only allowed if the business does not have a projecting sign. Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. For signs located above or Sign copy may not extend beyond the edges of the across the top of the entranceway structure. If an applicant finds that this subject archway, the area standard is too restrictive, they may request a Level I of the sign may not review from the Design Review Committee for an exceed 25% of the area alternative design. The Design Review Committee will delineated by the subject approve, approve with conditions, or deny an application archway, based on whether the proposed alternative design is Entranceway Sign For a sign located on the 20 ft appropriate to and integrated into the overall design of side of the archway, the the entranceway. The Committee will consider such area of the sign may not factors as color, materials, size, and proportionality. exceed 33% of the surface area of the side of the Minimum clearance height is 10 feet for entranceway archway support on which signs across driveways and 8 feet for entranceway signs the sign is located. across walkways. (See 14-5B-7 Measurement Standards) An entranceway sign is not allowed if the property has a masonry wall sign, monument sign, or freestanding sign. Allowed only in the CB-2 Zone. Only one freestanding sign is allowed per lot. Allowed only through approval of a minor modification. Applicant must provide convincing evidence that the Two (2) square feet per existing configuration of the site and location of the Freestanding Sign lineal foot of lot frontage, 20 ft building or buildings on the site make it practically not to exceed 40 square difficult to install a monument sign and that other types of feet per sign face allowed signage would not be readily visible from the street due to the location of building(s) or other unique site characteristics. A freestanding sign is not allowed if the property has a monument sign, entranceway sign, or masonry wall sign. 1 sq. ft. per lineal foot of lot frontage, not to exceed 50 sq. ft. 1 ft. less than the Only one masonry wall sign is allowed per lot. Masonry Wall Sign In addition the sign may height of the masonry wall, not to exceed 12 A masonry wall sign is not allowed if the property has a , not exceed 15% of the feet monument sign, entranceway sign or freestanding sign. total area of the face of the masonry wall. Window signs 25% of window area - - PAGE 5B-18 14-SB Sign Regulations Table 5B-4: Sign Specifications and Provisions in the C6-2, CB-5 and CB-10 Zones Permitted Signs. Maximum Sign Area .Maximum Height Provisions Up to one projecting sign is allowed per storefront. Projecting signs are not permitted if the business has an awning sign, canopy sign or canopy roof sign. The sign may not project more than 5 ft. from the building wall. 6 sq. ft. The sign may not be illuminated. Storefront projecting May be double-faced fora 12 ft. The sign must be affixed to the building wall or to a pole sign total area of 12 sq. ft. that is mounted on the building, so that the sign is perpendicular to the building wall. The sign may not swing or be easily moved by wind. A business wishing to install a projecting sign must show proof of liability insurance. Sign permits are be subject to Design Review according to the procedures specified in Chapter 8 of this Title. Up to one non-illuminated portable sign is allowed per storefront. The sign must be placed on private property or within a designated sidewalk cafe area. 6 sq. ft. per sign face. The sign may not block access to any doorway. Portable sign May be double-faced fora 6 ft The sign must be moved inside the business when the total area of 12 sq ft. business is closed. The sign must be weighted at the base to provide stability as approved by the Building Official or designee. A maximum of 2 sign faces are allowed per sign. Time & 25 sq. ft. per sign face. Signs must not project more than 6 ft. into the public Temperature signs May be double-faced for a - right-0f-way total area of 50 sq. ft. Maximum diameter: 9 inches Barber Poles - - Maximum length: 3 ft 3 sq. ft. per sign face Directional signs May be double-faced for - - total area of 6 sq. ft. Identification & 2 sq ft Up to one of these signs is allowed per building. Integral signs No permit is required. One private flag may be displayed in conjunction with Flags - - public flags. No permit is required. Quick Vehicle Allowed for Quick Vehicle Servicing Uses. Servicing Signs _ No permit is required. F. Sign Standards in the Industrial and Research Park Zones 1. All signs in the I-1, I-2, RDP, and ORP Zones are subject to the standards specified in Table 5B-5. 2. The total number of freestanding signs and monument signs on a lot or tract is limited as follows. Any combination of these types of signs is allowed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. Pa,GE 5B-19 14-SB Sign Regulations b. For lots or tracts with frontage in excess of 160 feet of frontage along a single street, up to 2 such signs are permitted, provided the signs are located at least 150 feet apart as measured along the frontage. c. For lots or tracts with frontage along more than one street, each frontage is allowed signs based on the formulas stated in subparagraphs a. and b., above. 3. Masonry wall signs and entranceway signs are limited according to the provisions specified in Table 5B-5. 4. Other than for the types of signs listed in paragraphs 2 and 3, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 56-5 are met. Table'5B=5: Sign S pecifications and Provisions in thelndustrial-and Research Park Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Must not exceed 25% of awning Height: Top of Awning signs surface or 12 sq. ft. per sign, first story _ whichever is less. Canopy Signs 12 sq. ft. per sign Height: Top of first story _ Facia signs 15% of sign wall area - - When 2 or more uses are located on a lot, a common sign may be installed. The maximum area of the 1 sq. ft. per lineal foot of lot frontage, common sign may be 50% larger than the area of the Freestanding signs not to exceed 50 sq. ft. Height: 25 ft. maximum individual sign allowed. May be double-faced for a total of 100 The number of signs is limited according to paragraph sq. ft. G.2., above. Freestanding signs are limited to identification only. Up to 2 sq. ft. per lineal foot of lot When 2 or more uses are located on a lot, a common frontage, not to exceed~A 75 sq. ft. 5 ft• sign may be installed. The maximum area of the Monument signs per sign face. common sign may be 50% larger than the area of the May be double-faced for a total area of maximum individual sign allowed. 150 sq. ft. Monument signs are limited to identification only. Up to 2 sq. ft. per lineal foot of lot At each entranceway, up to 2 masonry wall signs may be frontage, not to exceed 75 sq. ft. per established, if no freestanding, entranceway, monument sign face. 1 ft. less than or other non-building signs are located at that Masonry Wall Signs May be double-faced for a total area of the height of entranceway. 150 sq. ft. the masonry In the ORP zone, masonry wall signs up to twelve (12) In addition, the sign may not exceed wall feet in height may be established in the required front 15% of the total area of the face of the setback provided the signs are located a minimum of masonry wall. twenty (20) feet back from street right-of-way lines. PAGE 5B-20 14-SB Sign Regulations Table 56-5: Sign Specifications:andProvisions ir't he Industrial and Research Park Zones Permitted Signs -Maximum Sign Area Maximum Height Provisions Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. If an applicant finds that this For signs located above or across the standard is too restrictive, they may request a Level I to of the subject archwa ,the area of p ~ y review from the Design Review Committee for an the sign may not exceed 25% of the altemative design. The Design Review Committee will area delineated by the subject approve, approve with conditions, or deny an application archway. based on whether the proposed alternative design is Entranceway Sign For a sign located on the side of the 20 ft appropriate to and integrated into the overall design of archway, the area of the sign may not the entranceway. The Committee will consider such exceed 33% of the surface area of the factors as color, materials, size, and proportionality. side of the archway support on which the sign is located. Minimum clearance height is 10 feet for entranceway (See 14-56-7 Measurement signs across driveways and 8 feet for entranceway signs Standards) across walkways. An entranceway sign is not allowed if the property has a masonry wall sign. Window signs 25% of window area - - 3 sq. ft. per sign face Directional signs May be double-faced for total area of 6 -- - sq. ft. Identification & 2 sq ft - Up to one of these signs is allowed per building. Integral signs No permit is required. One private flag may be displayed in conjunction with Flags - - public flags. No permit is required. 14-5B-9 Non-Permanent, Off-Premise, and Other Special Si ns A. In addition to the signage permitted in each zone, as described in Section 8, above, the following signs may be installed in any zone according to the specifications and provisions contained in Table 5B-6. These signs shall not be applied toward the maximum sign area specified in Section 8, except as otherwise indicated in the Table 5B-6. B. Banners are not permitted, except as allowed for Special Event Signs and Going Out of Business Signs, as specified in Table 5B-6. Table 56-6' SignSpecifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs. Permitted Signs Maximum Sign Area Maximum Height Provisions No permit required. In Residential Zones: Must not be illuminated. Area: 32 sq. ft. per face 5 ft Must be removed prior to issuance of the certificate of Construction signs May be double faced fora In Non-Residential occupancy. total of 64 sq. ft. Zones: l0 ft. Can be located closer than 5 ft to a property line if located on the wall of a building, fence or protective barricade surrounding the construction. PAGE 56-21 14-SB Sign Regulations Table 56-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise,. and Other Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions No permit is required. One non-illuminated monument sign per development of 2 Real Estate 32 sq. ft. per face 10 ft acres or more Shall be removed upon sale or lease of 50% of lots or units Development May be double faced fora in the development. signs total of 64 sq. ft. These signs shall not be considered off-premises signs, provided they are located on land that is part of the subject subdivision or development. No permit is required. One non-illuminated sign is permitted per principal building that is for sale, rent, or lease. In Residential Zones: 4 sq. ft.; Only allowed as a temporary sign located in the yard or in May be double-faced fora In Residential Zones: the window. Sign cannot be affixed to buildings, fences, flag Real Estate signs total area of 8 sq. ft. 5 ft poles or other permanent structures. In Non-residential Zones: 32 In Non-Residential Must be removed within 48 hours after the propertyl sq. ft.; May be double-faced Zones: 10 ft. building, or unit within a building for which the sign is for a total area of 64 sq. ft. intended is sold, rented, leased or withdrawn from the market. For residential rental properties, real estate signs may be displayed no more than 4 months prior to the commencement of the leasing period. No permit is required. Signs in windows - - Posters and other non-permanent signs in windows are allowed. One non-illuminated sign per lot is allowed. Special events sign restricted to 4 times in 12 month period Special Events 100 sq. ft. - and single duration of 30 days May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Must not be illuminated. May be displayed for up to 60 days;. Going-Out-0f- 100 sq. ft. - Restricted to once in a 12-month period for single business. Business signs May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Temporary signs 12 sq. ft. per face. No permit is required. (other than real May be double-faced for total Height:10 ft One non-illuminated sign per lot is allowed. estate signs) of 24 sq. ft. Signs shall not be displayed for more than 60 days. In ID and Residential Zones: In ID and Residential 32 sq. ft. per sign face; May be Zones: 5 ft In ID and in Residential Zones, one monument sign is double-faced for a total of 64 In all other Zones: allowed at each street entrance to a subdivision or housing Development sq• ft• Not to exceed the develo ment. p signs In all other Zones: Not to maximum height for In all other Zones, one freestanding or monument sign is exceed the maximum sign the subject sign type allowed at each street entrance to a subdivision or housing area for the subject sign type as specified in the development. as specified in the applicable applicable zone; zone. PAGE 5B-22 14-SB Sign Regulations Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions Off-Premises signs are not permitted in Residential, CO-1, CN-1, CB-5, CB-10, ORP and RDP Zones. May take the form of any type of sign allowed in the zone in Not to exceed the maximum which the sign is located and must comply with all other sign area for the subject sign provisions specified for the subject zone. type as specified in the Not to exceed the Only one off-premises sign is allowed per lot or tract. applicable zone and will be maximum sign height Two or more uses may install a common off-premises Billboards and deducted from the maximum for the subject sign directional sign. Other Off- Premises Signs sign allowance for the subject type as specified in No off-premises sign shall be located within 300 ft. of property. the applicable zone. another off-premises sign, Nooff-premises sign shall be located within 120 ft. of a Billboards: 72 sq. ft. May be Billboards: 25 ft Residential Zone, Parks and Open Space Use, Educational double-faced for a total area of Facility, Religious/Private Group Assembly Use, public 144 sq. ft. museum or government administrative or judicial office. Billboard signs shall not apply toward maximum sign allowance for the lot or tract. 14-5B-10 Privately-Owned Si ns in Public Places A. Purpose In order to promote the health, safety and general welfare of the population, no privately- owned signs shall be placed on or over a public place, as defined in Article 14-9C, except as permitted by the City Code. B. Removal Existing privately-owned signs currently located on or over a public place that are not in compliance with the City Code shall be eliminated and removed. If the sign owner fails to remove the sign after so ordered by the City, the City may remove the sign and assess the costs against the sign owner. C. Special Provisions 1. Signs associated with parades, marches, public entertainment, public demonstrations, or the commercial use of sidewalks that are located on or over a public place are subject to the provisions of Title 10, Chapters 1, 2, and 3 of the City Code. Any signs located on or over the City Plaza are subject to the provisions of Title 10, Chapter 5 of the City Code. 2. The City Manager or designee may approve and execute applications on the City's behalf for the placement of privately-owned signs on or over a public place upon finding that the signs: a. Provide information and guidance to locations of general public interest; .and b. Will not create a hazard to movement along or within a public place, restrict access to a public place, or interfere with the convenience and tranquility of the area adjacent to a public place. City of Iowa City MEMORANDUM Date: August 15, 2008 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Sign Code amendments Over the last several months, staff has been informed of several issues and concerns relating to the City's sign regulations. Following is a summary and analysis of those issues and recommendations for amendments to the sign code that will address them. Freestanding Signs in the CB-2 Zone In the new zoning code the sign regulations were simplified so that similar zones are grouped together with the same sign regulations. It made sense to group all the Central Business Zones together. Freestanding signs are not allowed in the Central Business Zones because the vision for downtown is for apedestrian-oriented urban commercial environment with wide sidewalks and buildings located close to the street. There is very little room for freestanding signs in such an environment and little need for them since other types of building signage is highly visible to motorists and pedestrians alike. In addition, since storefronts in an urban commercial setting are often narrow, allowing freestanding signs for each storefront would result in considerable sign clutter. Under the previous zoning code, freestanding signs were allowed in the Central Business Service (CB-2) Zone. Since very few freestanding signs existed in the CB-2 Zone and monument signs seemed like a suitable alternative in those few cases where the buildings were set back from the street, the allowance for freestanding signs in the CB-2 Zone was eliminated from the code. Staff, however, have recently been made aware of an unintended consequence of this change. Russ's Northside Service Station, located on the corner of Gilbert and Bloomington, has a freestanding sign that was in disrepair. The owner wanted to replace the sign face and repair the structure. However, the code is strict about nonconforming signs. Any change to a nonconforming sign triggers the requirement to bring the sign into compliance with all current standards. Since freestanding signs are no longer allowed, the owner could not change the existing freestanding sign. In most cases a monument sign would be a suitable alternative, however, there is not enough room on the property for a monument sign without interfering with the traffic circulation around the gas pumps and the vision triangle at the street intersection. In addition, unlike most properties in the area, the building is set back from the street, so there are limited options for other types of signs that would be readily visible to customers driving down the street. Staff agreed that the most reasonable solution would be to allow the sign to be repaired and the sign face replaced. In order to do that, the sign code must be amended to allow freestanding signs in the CB-2 Zone. Staff finds that it is reasonable to amend the zoning code to allow freestanding signs in the CB-2 Zone in certain circumstances. One possible solution would be to allow freestanding signs by minor modification in the CB-2 Zone if the owner provides evidence that the existing configuration of the site and location of the building or buildings on the site make it practically difficult to install a monument sign and that other types of allowed signage would not be readily visible from the street due to the location of building(s) or other unique site characteristics. Suggested code language is included in the following table, August 15, 2008 Page 2 which would be inserted into the zoning code Table 58-4, Sign Specifications and Provisions in fhe CB-2, CB-5 and CB-10 Zones. Sign Type Maximum Sign Area Maximum Height Provisions Allowed only in the CB-2 Zone Allowed only through approval of a minor modification. Applicant must provide convincing evidence that the existing configuration of the site and location of the Two (2) square feet per building or buildings on the site make it practically lineal foot of lot frontage, 20 ft difficult to install a monument sign and that other types of Freestanding Sign not to exceed 40 square allowed signage would not be readily visible from the feet per sign face street due to the location of building(s) or other unique site characteristics. Only one freestanding sign is allowed per lot. A freestanding sign is not allowed if the property has a monument sign, entranceway sign, or masonry wall sign. Entranceway Signs City staff received a request for permission to install identification and directional signage on the archway structure on Linn Street that leads to the surface parking lot for the grocery store on the ground floor of the Plaza Towers building in downtown. The archway and associated masonry walls provide screening for the parking lot and a street wall that helps separate and buffer pedestrians from the parking area. Because it is not apparent to motorists that the parking lot is intended for customers of the grocery store, the owner requested to install signage on the archway that identifies the business and directs traffic to the parking lot. However, this type of sign did not fit into any of the sign categories allowed in the CB-10 Zone. Staff finds the request reasonable and believes there may be other contexts where a business or institution may have a parking lot or grounds and would like to have a feature such as an archway to identify and delineate the entrance. In addition there may be situations where there would be a need or a desire to delineate a walkway or pedestrian entrance with an archway with identification and directional signage. Therefore, staff recommends adding a new sign type, "entranceway sign," to the zoning code with restrictions on size and location. Following is a proposed definition of "entranceway sign," proposed standards, and zones where this type of sign might be allowed. ENTRANCEWAY SIGN - Anon-building sign incorporated into or mounted on the face of or affixed above or below an entranceway arch that extends over a walkway or driveway. Said sign type is intended to identify and direct traffic to a place, grounds, or parking lot. The sign may include the name of only one entity or place and an associated logo, crest, or insignia that identifies the place, grounds or entity to which the parking or grounds belong. The sign may also include the words, "parking," "entrance," and/or directional arrows, but may not contain any advertising message. Zones where allowed -All Commercial, Industrial and Research Zones. Allowed in Residential Zones, but only for Parks and Open Space Uses. August 15, 2008 Page 3 Standards ^ Up to one sign per elevation of the entranceway arch. ^ For signs located across the top of the entranceway arch, the area of the sign may not exceed 25% of the total area delineated by the entranceway arch (see illustration). For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. Sign copy may not extend beyond the edges of the entranceway structure. However, if an applicant finds that this standard is too restrictive, they may request review and approval from the Design Review Committee for an alternative design. The Design Review Committee will approve, approve with conditions, or deny an application based on whether the proposed alternative design is appropriate to and integrated into the overall design of the entranceway. The Committee will consider such factors as colors, materials, size, and proportionality. • An entranceway sign is not allowed if the property already has a monument sign, freestanding sign, or masonry wall sign located at the subject entrance. ^ In the CH-1, CC-2, and CI-1 Zones, signage on an entranceway arch as defined herein will count as one sign toward the total limit for freestanding, freestanding wide-base signs and monument signs on a lot or tract. ^ Minimum clearance height is 10 feet for entranceway signs across driveways and 8 feet for entryway signs across walkways. ^ Changeable copy is not allowed. Signs on Multi-Family Buildings Earlier this year, the City received an email letter from the Northside Neighborhood Association expressing their concern about the proliferation of signs on rental properties advertising the name, phone number, and/or website of the leasing company that owns the building. The association believes that these signs are detracting from the residential character of the neighborhood. In order to prevent commercial sign clutter from detracting from the residential character of neighborhoods, the only permanent signs allowed in residential zones are identification signs, integral signs, directional signs, and flags. Real estate signs are also allowed on a temporary basis when a property is for sale or lease. The types of signs to which the Northside Neighborhood refers seem to function somewhat like a real estate sign, except that they are permanently affixed to the building and are not necessarily advertising the particular building to which they are affixed, but instead are advertising the leasing company. For instance, checking the website listed on one of the signs indicates that the particular property is already leased for the entire year and is not available. A real estate sign is defined as a sign that advertises the sale, rental or lease of the premises or part of the premises on which the sign is located. The code also states that a real estate sign must be removed within 48 hours of the sale of the property. By implication then, real estate signs should not be permanent signs, but should only be present if the August 15, 2008 Page 4 property is for sale or lease. However, for rental properties that more frequently turn over, it is difficult to monitor when properties are available for rent to determine whether a sign is legal at any particular point in time. Some have argued that these signs could be considered "identification signs." However, identification signs are defined as, "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. Since the leasing company signs are advertising a business that is off-site rather than identifying the building itself, these signs do not fit into this sign category. Staff have considered this issue and have observed the proliferation of these types of signs particularly in neighborhoods close to downtown and the University. However, City staff have found it difficult to enforce the existing code as written. While it may be reasonable to allow larger multi-family buildings that may have more frequent vacancies to display a small sign with the name of the leasing company and a phone number or website, when located on single family homes, duplexes, and small apartment buildings and rooming houses, the signs seem out of place and detract from the residential character of the neighborhood. They present a commercial feel to the neighborhood and suggest to permanent residents and potential home buyers that the neighborhood is transitional in nature. Staff finds that the typical temporary "For Rent" sign should suffice when there is an actual vacancy on the property rather than allowing the investment property owner to use these homes as an advertising vehicle for their rental business by placing a permanent sign on every rental property they own. To address these concerns and make it easier to enforce limitations on commercial signage in residential neighborhoods, Staff recommends the following changes to the sign code: ^ Amend the definition of "real estate sign" and "temporary sign" so that it is clear that real estate signs are Temporary signs, built of temporary materials and only allowed as a yard sign or a sign in a window. Place a time limit on the display of such signs. ^ Amend the provision that states that only one real estate sign is allowed per lotto state "only one real estate sign is allowed per principal building that is for sale, rent, or lease." This will provide a more reasonable standard for properties that have multiple buildings on one lot, such as planned developments. ^ Add a new sign type, "residential leasing company sign," to the code and allow them only on multi-family buildings with eight or more units and only in multi-family zones. Allow this type of sign in lieu of a "small identification sign," which is currently allowed. ^ Maintain the current code provision that allows any use other than a single family or duplex to display a larger identification sign in the form of a monument sign, facia sign, or awning sign. For example, a 12-unit apartment building in amulti-family zone could have a sign on the awning above the door that states, "Pine Ridge Apartments," and also a small sign that states, "AAA Rentals - www.AAArentals.com." 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. RESIDENTIAL LEASING COMPANY SIGN: A building sign displaying the name, address, phone number, website, crest, insignia, and/or trademark of the leasing company for the multi-family building upon which it is located. August 15, 2008 Page 5 TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, or political sign constructed of temporary materials, such as cardboard, wallboard or plywood, with or without a structural frame, intended for a temporary period of display, but excluding banners. Table 5B-1: Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones Maximum Height & Permitted Signs Zone Maximum Sign Area Special Provisions The sign must be a building syn. Only allowed on multi-family Residential 3'sa ft buildings that contain 8 or Leasing Company RM-12 RM-20, RNS-20, RM-44, PRM more dwelling units. Syn U~ to one of these signs is allowed per building. Must be located no more than 10 feet above grade. The sign must be a building sign. Up to one of these signs is Small ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, allowed per building. identification sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. No permit is required. PRM Not allowed if the building has a residential leasing company sign. Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs Permitted Signs Maximum Sigo Area Maximum.Height Provisions No permit is required. One non-illuminated sign is permitted per let np 'ncipal buildingthat is for sale, rent, or lease. In Residential Zones: 4 sq. ft.; May be double-faced fora In Residential Zones: .Only allowed as a temoorar~sign located in the yard or in the window. Sign Real Estate signs total area of 8 sq. ft. 5 ft cannot be affixed to buildings, fences flag poles or other In Non-residential Zones: 32 sq. ft.; May be double-faced for a total area of 64 sq. ft. In Non-Residential Zones: 10 ft. oermanent structures. Must be removed within 48 hours after t#e-sale-ef the property building, or unit within a building for which the sign is ihtended is sold. rented, leased or withdrawn from the market. For residential rental properties, real estate signs may be displayed no more than 4 months prior to a building or union abuilding becoming available for rent or lease. The Neighborhood Associations and the Apartment Owners' Association have been informed that these proposed amendments will be on your meeting agenda next week. A number of written comments have been received regarding the proposed changes to the sign code. These are attached for your consideration. PAGE 5B-1 14-SB Sign Regulations Article B. Sign Regulations ~~ The purpose for this Article is to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic and scenic beauty. These regulations are also intended to reduce distractions and obstructions contributing to traffic accidents, reduce hazards caused by signs projecting over the public right of way, provide a reasonable opportunity for all sign users to display signs without interference from other signage, to provide fair and equitable treatment for all sign users and to establish a reasonable period of time for the elimination of nonconforming signs. ~.. .~ A. Applicability All signs on private property must be installed, maintained, and/or removed according to the provisions of this Article. B. Permit Required 1. No sign requiring a permit in accordance with the requirements of this Article shall be installed, altered, moved, improved or converted without first obtaining a sign permit from the Building Official or designee according to the procedures specified in Chapter 8 of this Title, Review and Approval Procedures. A permit is not required for incidental repairs or routine maintenance. 2. Certain types of signs are allowed without a permit and such exemption from the sign permit requirements is clearly specified in the tables included in Sections 8 and 9, below. A permit is required for any sign that is not specifically exempted from the permit requirements. C. Sign Installer's License Required 1. Except for those signs not requiring a permit, as listed in Sections 8 and 9 of this Article, it shall be unlawful for any person to install, alter, move, improve, remove or convert any sign without having a sign installer's license in good standing issued by the City. Aone-time sign installer's license shall be available to a tenant or owner of a building to permit the tenant's or owner's own sign to be installed. 2. The license to install, alter, move, improve, remove or convert any sign as required herein shall be known as a sign installer'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 Inspection Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits as set out in Title 3, Chapter 4 of the City Code. The 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 license shall indemnify and save harmless the City from any and all damage, PAGE 5B-2 14-SB Sign Regulations judgment, cost or expense which the City may incur or suffer by reason of said license issuance. 3. All sign installer's licenses shall expire on December 31 of each year. Renewal fees and reinstatement fees shall be as established by resolution of the City Council. Any license that has expired may be reinstated within 60 calendar days after the expiration date upon payment of an additional reinstatement fee. 4. A one-time sign installer's license shall be valid for 30 days from the date of issuance. 5. The Building Official or designee is responsible for enforcement of these provisions and is empowered to suspend or revoke a sign installer's license for a violation of the sign regulations or if the license was obtained by fraud or if the license allows any person not employed by the sign installer without a valid installer's license to do or cause to be done any work requiring a license. 6. A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the Board of Adjustment. 7. If a license is revoked for any reason, another installer's license shall not be issued to such person for 12 months after revocation. D. Application of State Law In any case in which the Code of Iowa, as amended, contains more restrictive requirements than the regulations contained herein, the Code of Iowa, as amended, will govern. ',14-5B-3 General Location Standards _ A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. PAGE 5B-3 14-SB Sign Regulations B. Signs Adjacent To Residential Zones 1. Any sign located in aNon-Residential zone, but within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and 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. 14-5B-4 Construction and Maintenance Requirements A. Construction All signs, except for temporary signs, 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. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-10 Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually, unless precluded by definition or specifically prohibited herein. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14- 9C, Sign Definitions. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI- 1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. PAGE 56-4 14-SB Sign Regulations c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make 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. e. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-1, CN-1, and CB-10 Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-1, CI-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. E. Illumination Requirements Illuminated signs must conform to the following requirements: 1. Except for signs in the ID and Residential Zones and special event signs, all permitted signs may be internally or externally illuminated. All 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 or inert gas tubes is 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. Illumination through the use of LEDs is allowed only as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monitors PAGE 56-5 14-SB Sign Regulations and must at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. The electronic changeable copy must be monochromatic. It must utilize a dark background with only the message or image lit in a single color. 4. Artificial external light sources used to illuminate a sign face must be located and shielded such that the bulb is not directly visible from any adjacent residentially- zoned property or public right-of-way and must use a narrow cone of light that does not extend beyond the illuminated sign face. 5. Illumination on a property, including illumination from signs, must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-1, or CO-1. 6. All illuminated signs are subject to the provisions of the Electrical Code, including any permit fees. 7. Permit applications for electronic changeable copy signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations. 8. For electronic changeable copy signs, whether the sign is programmed from the site or from a remote location, the computer interface that programs the sign shall be made available to City staff for inspection upon request. If the computer interface is not immediately available, the sign shall cease operation until such program can be provided. 14-5B-5 Nonconformin Situations A. Nonconforming Signs All legally nonconforming signs must comply with the provisions specified for nonconforming signs in Article 14-4E, Nonconforming Situations. Signs deemed "historic" may be eligible for a special exception according to the provisions specified in Article 14- 4E, Nonconforming Situations. B. Signs for Nonconforming Uses A nonconforming use is 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, exce t buildin . 14-5B-6 Prohibited Signs A. Regulations are Exclusionary These regulations are intended to be exclusionary. Any type of sign not specifically listed in this Article is prohibited. In addition, the following signs are specifically prohibited in all zones: PAGE 56-6 14-SB Sign Regulations 1. Animated signs, except for barber poles as expressly permitted by this Article; 2. Hazardous signs; 3. Obsolete signs; 4. Painted wall signs; 5. Portable signs, including signs on wheels, trailers, and truck beds, but excepting those portable signs expressly permitted by this Article; 6. Roof signs; 7. Searchlights; 8. Spinners, balloons, pennants, or other similar devices; 9. Swinging signs. 10. No vehicle, including trailers, shall be parked so that it functions primarily as a sign. A vehicle will be considered in violation of this provision if questions a. through c., below, can be answered in the affirmative and there is no compelling answer to question d. to justify the parking location as opposed to some less conspicuous location. a. Is the vehicle parked at a prominent location? b. Can people driving by the sign easily read the sign? c. Is the vehicle in the same or similar locations for several hours during the same day or for several days during the same week? d. Are there any stated or apparent reasons, other than for signage purposes, that justify the vehicle being at that location? B. Removal of Prohibited or Illegal Signs In accordance with the following procedure, the Building Official or designee is 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 designee will provide written notice to the owner or operator of the business to which the sign relates. 2. The notice will specify that the illegal or prohibited sign must be removed or brought into compliance with this Article 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 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. 14-5B-7 Measurement Standards A. Maximum Sign Area 1. Where the size of a sign is regulated by the area of a wall, an awning or a canopy, the maximum sign area is calculated as a percentage of the total area of the wall, the awning, or the canopy on which the sign is affixed. PAGE 58-7 14-.SB Sign Regulations 2. y Figure 58.1 r ^ r ~ i ~.Y _~ ~ i ~ ~ i ~ ~ i -- i i ~ ~ t_- -"i ' ~ i L--` ~' ~~ ~ ~ ~\ \ X~~ `~~ i ~ i i ` ~~ ~ ,1 3. The total building signage on a wall, canopy, or awning shall not exceed the maximum sign allowance for that wall, canopy, or awning, regardless of the number of uses or occupants in the building. For example, if the maximum sign area for facia signs is 15 percent, then no more than 15 percent of any single wall of the building may be covered by facia signs, regardless of how many businesses are located in the building. B. Measuring Sign Area The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face. In the case of a sign composed of characters or words that are attached directly to a building, an appurtenance to a building, or a masonry wall, the area of the sign will be computed by determining the area of a triangle, rectangle, or circle that completely encloses the whole group of characters or words. C. Measuring Sign Height 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. sign area is-calculated as a percentage of the surface area of the side of the archway PAGE 56-8 14-SB Sign Regulations 14-5B-8 Si ns Permitted by Zone A. Sign Standards for the ID and OPD Zones 1. Permitted Signs: a. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign and public flags, as specified in Table 5B-1, below. b. Signage for non-residential uses in the ID-RS and ID-RM Zones, are permitted one identification sign. The identification sign may be one of the following types: facia, awning or monument sign. For Institutional Uses, the sign may also include copy announcing its services or activities. c. Signage for non-residential uses in the ID-C, ID-I, and ID-RP Zones must comply with the sign regulations contained in Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. d. Residential uses in any OPD zone are permitted signage in accordance with the requirements of the underlying Residential Zone. Non-residential uses approved as part of a planned development are permitted signage in accordance with the sign regulations contained in Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Sign Specifications and Provisions a. All signs for residential uses in the ID Zones and OPD Zones are subject to the standards specified in Table 5B-1. b. All signs in the ID-RS and ID-RM Zones are subject to the standards specified in Table 5B-1. c. All signs for non-residential uses in the ID-C, ID-I, and ID-RP Zones are subject to the standards specified in Table 5B-2. d. In the OPD Zone, all signs for non-residential uses approved as part of a planned development are subject to the standards specified in Table 5B-2. B. Sign Standards for all Residential Zones 1. Permitted Signs: a. Principal uses, other than Single-Family Uses and Two Family Uses, are permitted one identification sign. The identification sign may be one of the following types: facia, awning, or monument sign. For Institutional Uses, the sign may also include copy announcing its services or activities. b. Parks and Omen Space-Uses are~permitted entranceway sians as pecified in c. In Multi``-Family Zones multi-family buildings with 8 or more dwelling un d. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign and public flags, as specified in Table 5B-1, below. PAGE 56-9 14-SB Sign Regulations 2. Sign Specifications and Provisions All signs in Residential Zones are subject to the standards specified in Table 5B-1. Table 56-1: Sign'Specifications and Provisions in Residential Zones and the ID and OPD Zones Permitted Signs Zone Maximum Sign Area Maximum Helghf& SpeciaF Provisions Max. Height: Top of first ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 4 sq. ft. story. Limited to identification only, except as allowed for Facia Signs ID-RM, RM-12, RM-20, RNS-20, RM-44, 12 sq. ft. Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. Max. Height: 5 ft Limited to identification 12 sq. ft. per sign face. only, except as allowed for ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 May be double-faced fora Institutional Uses. total area of 24 sq.ft. Not allowed for Single Family and Two Family Uses. s Monument Sign Max. Height: 5 ft Limited to identification RM-44 RNS-20 RM-20 RM-12 ID-RM 24 sq. ft. per sign face. only, except as allowed for , , , , , PRM May be double-faced fora Institutional Uses, total area of 48 sq.ft. Not allowed for Single Family and Two Family Uses. Max. Height: Top of first story ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, o 12 sq. ft. or 25 /o of awning Limited to identification only, except as allowed for Awning Signs ID-RM, RM-12, RM-20, RNS-20, RM-44, surface, whichever is less Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. PAGE 56-10 14-SB Sign Regulations Table 5B-1:5ign,Specifications and Provisions in Residential Zones and the ID and OPD Zones Maximum Height ~ Permitted Si ns 9 Zone Maximum Sign :Area Special Provisions Maximum Height: 20 ft. Up to one sign per facade of the subject archway. The sign'may not contain chanQeable'copv. Sign copy may not extend fond the edges of the entranceway structure.' If an a~,plicant finds that this staridard is too restrictive, thev'mav reauesta l.eveli review from the Design For. signs located above or Review Committee for an h acrossthe top of the e altemative design. T subject archway, thearea Design Review Committee of the sign may not exceed will agDfbVe, aaprove with 25% of the area delineated conditions, or deny an by the subject archway. a~plicatfon based on whether the oroposed Allowedffor Parks and Open Soace Uses Fora si4n located on the altemative design is Entranceway Sign irrany Residential Zone, ID Zone, or'OPD side of the archway, the approoriate to and Zone area of the sign may not integrated into the overall exceed 33% of the surface n'of the entranceway. desi area of the side of the g The'Committeewill archway suooort on,which consider such factors as the sign is located, color, materials; size; and Lee 14-5B-7 Measurement proportionality. Standards Minimum .clearance height is 10 feet forentrancewav sighs across drivewavs'and 8 feet for entranceway signs across walkways. Entranceway signs are not allowed if the subjecf lot or tract already has a monument i n'located'at the subject entrance. Thesian mustbe a buildino sign. Only allowed on`multi-family idential Re buildings that contaim8 or s Leasing Comaany RM-12, RM-20, RNS-20, RM-44, PRM 3' sa'ft. mope dwellin4 units: Sigh ~ to one of these signs is allowed oer building. Must be located no more than 10 feet above grade. PAGE 5B-11 14-SB Sign Regulations Table 56-1: Sign Specifications and Provisions in Residential Zones and the ID and OPD Zones Permitted Si ns 9 Zone Maximum Sign Area Maximum Height8~ Special Provisions The sign must be a building sign. Up to one of these signs is Small ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, allowed per building. identification sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. No rmit is re wired. ~ q PRM Not allowed if the building has a residential leasin4 comaany sign. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, 2 sq. ft: per face Directional signs ID-RM, RM-12, RM-20, RNS-20, RM-44, May be double-faced for -- PRM total area of 4 sq. ft. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Up to one of these signs is Integral sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. allowed per building. PRM No permit is required. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Public Flags ID-RM, RM-12, RM-20, RNS-20, RM-44, - No permit is required. PRM ~ Only one sign is permitted; one facia sign, one awning sign, or one monument sign (See 14-5B-8A-1.b.,above) C. Sign Standards in the CO-1, CN-1 and MU Zones 1. All signs in the CO-1, CN-1, and MU Zones are subject to the standards specified in Table 56-2. 2. Except for identification banners, monument signs, and entranceway signs, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded. The number of identification banners, monument signs, and entranceway signs is limited according to the provisions specified in Table 5B-2. 3. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 56-1. Table 56-2: Sign Specifications and Provisions in the"C0-1, CN-1, and MU Zones Permitted signs Maximum Sign Area Maximum Height Provisions Top of first Facia Signs 15% allowance per story, except as allowed Parapet signs are allowed, but only on one-story buildings. sign wall for parapet signs Canopy Signs 8 sq. ft. per sign Top of first story _ PAGE 56-12 14-SB Sign Regulations Table 5B-2: Sign Specifications and Provisions in the CO-1, CN-1, and MU Zones Permitted signs Maximum Sign Area Maximum Height Provisions Up to two identification banner signs may be affixed to each parking area light pole, provided that the following conditions are met: • The parking area must contain at least 200 parking spaces and be shared by multiple commercial uses. • The light poles on which banners are affixed must be spaced at least 80 feet apart. Identification 18 sq. ft, per 20 ft • Each banner can be no more than 3 ft wide and 6 ft in height. Banners banner The banner must be mounted or affixed so that the bottom edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in appearance and size. The permit for the banner sign shall be valid for no more than one (1) year. However, the permit will be renewable if the banner signs are in good condition or are replaced with new banner signs. Two or more uses on a single lot may share a common monument sign. The number of monument signs on a lot or tract is limited as follows: • For lots or tracts with less than 160 feet of frontage on a single street, Up to 2 sq. ft of only one monument sign is permitted along that frontage. sign area per lineal For lots or tracts with 160 to 300 feet of frontage along a single street, foot of lot frontage, up to 2 monument signs are permitted. The monument signs must be not to exceed 50 at least 150 feet apart as measured along the frontage. Monument signs sq. ft. per sign face. 5 ft. For lots or tracts with frontage in excess of 300 ft along a single street, May be double- up to 3 monuments signs are permitted, provided the signs are at least faced for a total 150 ft apart as measured along the frontage. area of 100 sq. ft. For lots or tracts with frontage along more than one street, each per sign. frontage is allowed signs based on the formulas stated above up to a maximum of 5 signs. Any sign that is located within 25 feet of a corner (at the point where property lines intersect) will count as two signs; one toward the sign allowance for each frontage. For signs located above or across the U~ to one sign per=facade of the subiect archwav. top of the subiect The sian may not contain chanoeable copy. archway, the area Sign cony may not extend beyond the edges of the entranceway structure. if oftthe siQrr may not an applicant finds#hat4his standard is too restrictive, they may request a exceed 25% of the Level Preview from the Design Review Committee for an altematiye desion. area delineated by The Design Review Committee will abprove, approve with conditions, or the subiect deny an aapiication based on whether the proposed alternative desion is archway appropriate to and integrated into the overall design'of the entranceway. For a sign located The Committee will considersuch factors as color, materials, ize, and Entranceway id 'of th th 20 ft S~ e on es e , proportionality. archwav, the area of the sign maV not Minimum clearance height is 10 feet for entranceway signs across exceed 33% of he driveways and 8 feet for entranceway signsacrosswalkways. surface area of the side bf the archwav siQhaae as specified herein will count as one sign toward the Entranceway su~porPon which - total limit' for monumentsians on a'lot ortract Entranceway signs are not the sign is located. allowed ifthe subiect lot or tracti already. has a monumentsion located at the Seej 14-56-7 subject'entrance. Measurement Standards Awning signs 25% of awning Top of first _ surface story Window signs 25% of window -- -_ area PAGE 58-13 14-SB Sign Regulations Table 5B-2: Sign Specifications and Provisions in the C0-1, CN-1, and MU Zones Permitted signs Maximum Sign Area Maximum Height Provisions 25 sq. ft. per sign Time & face Temperature May be double- - Shall not project more than 6 ft. into public right of way. Signs faced for a total of 50 sq. ft. Maximum diameter: 9 inches Barber Poles -- -- Maximum length: 3 ft 3 sq. ft. per sign Directional signs face _ __ May be double- faced for total area of 6 sq. ft. Identification & Up to one of these signs is allowed per building. Integral signs 2 sq. ft. No permit is required. One private flag may be displayed in conjunction with public flags. Flags _ __ No permit is required. Quick Vehicle Allowed for Quick Vehicle Servicing Uses. Servicing Signs ~ No permit is required. D. Sign Standards in the CH-1, CC-2 and CI-1 Zones 1. All signs in the CH-1, CC-2, and CI-1 Zones are subject to the standards specified in Table 5B-3. 2. The total number of freestanding signs, freestanding wide-base signs and monument signs on a lot or tract is limited as follows. Any combination of these three types of signs is allowed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. Freestanding wide-based signs are not permitted on lots or tracts with less than 160 feet of frontage. b. For lots or tracts with 160 to 300 feet of frontage along a single street, up to 2 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. c. For lots or tracts with 301 to 600 feet of frontage along a single street, up to 3 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. d. For lots or tracts with frontage in excess of 600 feet along a single street, up to 3 such signs are permitted, provided the signs are at least 150 feet apart as measured along the frontage. One additional monument sign is allowed, provided the sign is at least 150 feet from any other monument, freestanding, or freestanding wide-base sign. e. For lots or tracts with frontage along more than one street, each frontage is allowed signs based on the formulas stated in subparagraphs a. through d., above. However, a maximum of 5 such signs are allowed on any one lot or PAGE 56-14 14-SB Sign Regulations tract. Any sign that is located within 25 feet of a corner (the point where property lines intersect) will count as two signs; one toward the sign allowance for each frontage. 3. Other than for entranceway signs and the types of signs listed in paragraph 2, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 5B-3 are met. 4. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 5B-1. Table 56-3: Sign Specit=tcations and Provisions in the CH-1, CC-2, and CI-1 Zones- Permitted Signs ` Maximum Sign Area. Maximum: Height Provisions Facia signs 15% allowance per sign wall - -- Canopy signs 12 sq. ft. per sign Top of first story - Up to 2 sq. ft. per lineal foot of lot frontage, not to exceed 25 feet, 125 sq. ft. per sign face. May however, in the be double-faced for a total CH-1 District, area of 250 square feet. property within When 2 or more uses are located on a lot, a common Additional sign area is 1,000 feet of an freestanding or monument sign may be installed. The maximum allowed in the CH-1 Zone as interstate area of the common sign may be 50 /° larger than the area of Freestanding follows. For property within highway right of the maximum individual sign allowed. signs 1,000 feet of an interstate way may have 1 The number of signs is limited according to paragraph D.2., highway right-of-way, one of freestanding above. the property's allotted sign with a freestanding signs is allowed maximum height up to 250 sq. ft per sign face, not to exceed 65 which may be double-faced feet. for a total area of 500 sq. ft. Maximum width: 10 ft. When 2 or more uses are located on a lot, a common sign may Up to 2 sq. ft. per lineal foot beonstalled. The maximum area of the common sign may be of lot frontage, not to exceed 50 /° larger than the area of the maximum individual sign Freestanding, 125 sq. ft. per sign face. 26 ft. allowed. Wide Base signs May be double-faced fora The number of signs is limited according to paragraph D.2., total of 250 sq. ft. above. However, a freestanding, wide-based sign is only allowed if the lot frontage is at least 160 feet, and the City Engineer determines that the location of the sign will not obstruct the visibility of vehicles entering or exiting the property. When 2 or more uses are located on a lot, a common Up to 2 sq. ft. per lineal foot monument or freestanding sign may be installed. The maximum of lot frontage, not to exceed area of the common sign may be 50% larger than the area of Monument signs 50 sq. ft. per sign face. May 5 ft the maximum individual sign allowed. be double-faced for a total The number of signs is limited according to paragraph D.2., area of 100 sq. ft. above. Up to 1 sq. ft. per lineal foot of lot frontage, not to exceed 1 ft. less than Masonry Wall 50 sq. ft. per sign. the height of the One masonry wall sign is allowed, in lieu of a monument, Sign In additiono the sign may not masonry wall, freestanding, or freestanding wide-base sign. exceed 15 /° of the total area not to exceed 12 of the face of the masonry feet wall PAGE 56-15 14-SB Sign Regulations Table 56-3: Sign Specifications'and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Up to ohe'sign per facade of the entranceway arch. The sign may not contain changeable cow'. Sign copy may not extend beyond the edges of the entranceway structure If an applicant findsthatthis-standard is too restrictive they may request a Cevel I review from-the For signsJocated above or Design Review Committee for an altemative desipn.'The across the#op of the subiect approve with Design Review Committee will approve archway tte area of+the sign , conditions or deny an application based on whether he marmot exceed 25% of the osed alternative design is appropriate to"and integrated r area delineated by the e op into the overall design of the entranceway. _The Committee subiect'archwav. will consider such factors as color; materials,aize. and Entranceway For a sign located on the ~ooortionality. side of the archway the area 20 ft. Sin of the sign may not exceed Minimum clearance heiQhf is 10feet forent~ancewav signs 33% of the surface area of acrossdriveways and 8 feet for entranceway signs across the side of the archway walkwa s. support on which the sign is located. Entranceway signage as specified herein will count as one (See 14-5B-7 Measurement sign toward the total limit for freestandinq_freestandingwide- Standards base'signs and monument signs on a lot or tract. Entranceway signs are not allowed if the subject lot or tract already has a mohument sign fieestandina sign; freestanding wide-based sign pr masonry wall sign located atthe subject entrance. For shopping centers, up to two identification banner signs may be affixed to each parking area light pole, provided that the following conditions are met: • The parking area must contain at least 200 parking spaces and be shared by multiple commercial uses. • The light poles on which banners are affixed must be spaced at least 80 feet apart. • Each banner can be no more than 3 ft wide and 6 ft in height. Identification 18 sq. ft. per banner 20 ft . The banner must be mounted or affixed so that the bottom Banners edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in appearance and size. The permit for the banner sign shall be valid for no more than one (1) year. However, the permit will be renewable if the banner signs are in good condition or are replaced with new banner signs. Awning signs 25% of awning surface Top of first story - Windowsigns 25% of window area - - 3 sq. ft. per sign face Directional signs May be double-faced for total - - area of 6 sq. ft. Drive-Through Only allowed in Zones where drive-through facilities are allowed Restaurant Menu Area: 10 sq. ft. - for restaurants. Signs Time & 25 sq. ft per sign face. _ Permitted only in the CC-2 zone. Temperature Ma be double-faced fora Si ns must not ro'ect more than 6 ft. into the ublic ri ht-of- PAGE 5B-16 14-SB Sign Regulations Table 5B-3: Sigrr Specifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum SigrrArea Maximum Height Provisions Signs total area of 50 sq. ft. waY• Maximum diameter: 9 inches Barber Poles - - Maximum length: 3 ft Identification & Up to one of these signs is allowed per building. Integral signs 2 sq. ft. No permit is required. One private flag may be displayed in conjunction with public Flags -- - flags. No permit is required. Quick Vehicle __ _ Allowed for Quick Vehicle Servicing Uses. Servicing Signs No permit is required. E. Sign Standards in the CB-2, CB-5 and CB-10 Zones 1. All signs in the CB-2, CB-5 and CB-10 Zones are subject to the standards specified in Table 5B-4. 2. The maximum sign area for each type of .. ,. ,.,.,.a„a ,~~a ..~.,, sign,' ~ s,~ecial provisions, and any restrictions on the number of signs allowed are specified in Table 5B-4 aye-l~+et. • ~ ~ .Unless specifically limited in Table 5B-4 any numbel• of signs may be installed. 3. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 5B-1. Table 5B-4: Sign Specifications and Provisions in the C6-2, C6-5 and C6-10 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Facia signs 15% of sign wall area -- - Canopy signs 12 sq. ft per sign Top of first story - Up to one canopy roof sign is allowed per storefront. The bottom edge of the sign must be located no more than 4 inches above the canopy. Storefronts up to 39 ft. in For storefronts up to 39 ft. in length: length: l5 sq. ft. • Maximum height of copy: 13" Storefronts between 40 Maximum thickness: 6" Canopy roof signs and 59 ft in length: 25 Top of first story For storefronts between 40 and 59 ft in length: sq. ft. Maximum height of copy: 20" Storefronts >60 ft in • Maximum thickness: 8" length: 35 sq. ft. For storefronts >60 ft in length: • Maximum height of copy: 30" • Maximum thickness:10" PAGE 56-17 14-SB Sign Regulations Table 56-4: Sign Specifications and Provisions in the C6-2, CB-5 and C6-10 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Only one monument sign is allowed per lot or tract. When 2 or more uses are located on a lot, a common 24 sq.ft. per sign face. monument sign may be installed. A common monument Monument sign May be double-faced fora 5 ft, sign may identify up to 4 uses per sign face. ` total area of 48 sq. ft. property hasa A monument sign is not allowed if the freestanding sign an entrancewavsign, or a masonry wall sign, Awning signs are only allowed if the business does not Awning signs 25% of awning surface Top of first story have a projecting sign. Uq to one sian perfacade of the eritrancewav'arch. The sign may not contain changeable copy. For signs located above or Syn copy may not extend beyond the edges of the across the top of the entrancewav structure. If an°applicant finds'that this subLtarchway, the area standard is too restrictive they may request a Level I of the sign may not reviewfrom the Design` Review Committee for an exceed 25% of the area altemative desi n. The Desi n Review Committee will delineated by the`subiect approve-approve with conditions or deny an aoalication archway. based on'whether the proposed alternative design is For a sian located on the 20 ft ~~ropriate to and integrated into the overalt design of Entranceway Sipn side'ofthe archway, the the entranceway The Committee will consider such area ofthe sicn may not factors as color materials; size and'proportionality. exceed'33°~ ofthe'surface area`of the side of the Minimum clearance height is 10 feet forehtrancewav archwa~upport on which si ns across driveways and 8 feet for entrancewav signs the sign is located. across walkways. See( 14.58-7 ' ' Measurement Standards) hasa if the property An entranceway sign is notallowed masonry wall sign` monument sian orfreestandina sign. Allowed ~ril~'in the CB-2 Zone. Only one freestanding sian is allowed perlot. Allowed only through ap~royal of'a minormodification. Applicant must orovide convincing evidence'that the Two (~ square feet per existing configurafion of the site and location of the lineal foot of lot frontage; 20 ft building or buildiras on the'site make it practically Freestanding Sian notto exceed 40sguare difficultto install a monument sign'and that othectvpes of feet per sign face allowed sigrtia4e would nofbe readily visible from the street due to the location' of building(s) or other uniQUe site`characteristics. A freestanding sign is notallowed if the property has a monument sign- entrancewav sian,' or masonry wall siar. 1 sp. ft. per liheal'foot of lof frontaoe'notfo' exceed 50 sa• ft• 1 ft. less than the Only ohe masonry wall sign isallowed per lot. Masonry Wall Sian height of the masonry A masonry wall sign is not'allowed if the property has a th 'si n ma dditio I wall, not to exceed 12 y n, e n a 9 monumentsion-entrancewav sign orfreestandina sian. d ib% of the ot xce feet e n e total area offhe face of the masonry-wall. Window signs 25% of window area -- PAGE 56-18 14-SB Sign Regulations Table 5B-4: Sign Specifications and Provisions in the CB-2, CB~`and CB,10 Zones Permitted. Signs. Maximum Sign-Area Maximum'Height Provisions Up to one projecting sign is allowed per storefront. Projecting signs are not permitted if the business has an awning sign, canopy sign or canopy roof sign. The sign may not project more than 5 ft. from the building wall. The sign may not be illuminated. Storefront projecting 6 sq. ft. May be double-faced fora 12 ft. The sign must be affixed to the building wall or to a pole sign ft. total area of 12 sq that is mounted on the building, so that the sign is . perpendicular to the building wall. The sign may not swing or be easily moved by wind. A business wishing to install a projecting sign must show proof of liability insurance. Sign permits are be subject to Design Review according to the procedures specified in Chapter 8 of this Title. Up to one non-illuminated portable sign is allowed per storefront. The sign must be placed on private property or within a designated sidewalk cafe area. 6 sq. ft. per sign face. The sign may not block access to any doorway. Portable sign May be double-faced fora 6 ft The sign must be moved inside the business when the total area of 12 sq ft. business is closed. The sign must be weighted at the base to provide stability as approved by the Building Official or designee. A maximum of 2 sign faces are allowed per sign. Time & 25 sq. ft. per sign face. Signs must not project more than 6 ft. into the public Temperature signs May be double-faced for a - right-of-way total area of 50 sq. ft. Maximum diameter: 9 inches Barber Poles - - Maximum length: 3 ft 3 sq. ft. per sign face Directional signs May be double-faced for - - total area of 6 sq. ft. Identification & 2 sq. ft. Up to one of these signs is allowed per building. Integral signs No permit is required. One private flag may be displayed in conjunction with Flags - - public flags. No permit is required. Quick Vehicle - Allowed for Quick Vehicle Servicing Uses. Servicing Signs No permit is required. F. Sign Standards in the Industrial and Research Park Zones 1. All signs in the I-1, I-2, RDP, and ORP Zones are subject to the standards specified in Table 5B-5. 2. The total number of freestanding signs and monument signs on a lot or tract is limited as follows. Any combination of these types of signs is allowed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. PAGE 58-19 14-SB Sign Regulations b. For lots or tracts with frontage in excess of 160 feet of frontage along a single street, up to 2 such signs are permitted, provided the signs are located at least 150 feet apart as measured along the frontage. c. For lots or tracts with frontage along more than one street, each frontage is allowed signs based on the formulas stated in subparagraphs a. and b., above. 3. Masonry wall signs and entranceway signs are limited according to the provisions specified in Table 5B-5. 4. Other than for the types of signs listed in paragraphs 2 and 3, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 5B-5 are met. Table 5B-5: Sign S pecifications and Provisions in the industrial and Research Park Zones permitted Signs Maximum Sign Area Maximum `,Height Provisions Must not exceed 25% of awning Height: Top of Awning signs surface or 12 sq. ft. per sign, first story whichever is less. Canopy Signs 12 sq. ft. per sign Height: Top of first story _ Facia signs 15% of sign wall area - - When 2 or more uses are located on a lot, a common sign may be installed. The maximum area of the 1 sq. ft. per lineal foot of lot frontage, common sign may be 50% larger than the area of the Freestanding signs not to exceed 50 sq. ft. Height: 25 ft. maximum individual si n allowed. g May be double-faced for a total of 100 The number of signs is limited according to paragraph sq ft G.2., above. Freestanding signs are limited to identification only. Up to 2 sq. ft. per lineal foot of lot When 2 or more uses are located on a lot, a common frontage, not to exceed~0 75 sq. ft. 5 ft. sign may be installed. The maximum area of the Monument signs per sign face. common sign may be 50% larger than the area of the May be double-faced for a total area of maximum individual sign allowed. 150 sq. ft. Monument signs are limited to identification only. Up to 2 sq. ft. per lineal foot of lot At each entranceway, up to 2 masonry wall signs may be frontage, not to exceed 75 sq. ft. per established, if no freestanding, entranceway, monument sign face. 1 ft. less than or other non-building signs are located at that Masonry Wall Signs May be double-faced for a total area of the height of entranceway. 150 sq. ft. the masonry In the ORP zone, masonry wall signs up to twelve (12) In addition, the sign may not exceed wall feet in height may be established in the required front 15% of the total area of the face of the setback provided the signs are located a minimum of masonry wall. twenty (20) feet back from street right-of-way lines. PAGE 5B-20 14-SB Sign Regulations Table 56-5: Sign S pecifications and Provisions in the Industrial and Research Patk Zones' Permitted :Signs Maximum. Sign Area Maximum Height Provisions Up to one sigh per facade of the entranceway arch. The-sign may not contain changeable coov. Sign copy ma~not extend beyond the edges of the entranceway structure.%If an applicant finds that this For signs located above or across the standard is too restrictive they may reouest a Level I top of the subject"archway the area of review from'the Des~n Review Committee for an the sign may not exceed 25% of''the alternative design The Design-Review Committee will area delineated by the subject approve approve with conditions or deny'an application archwa' . based on whether the proposed.alternative design is Fora'sign located on the ide of'the 20 ft appropriate to and inteorated into the overall design of Ehtranceway Siqn archwavrthe area of the sign may not : the entranceway. The Gommittee will considersuch exceed 33% of the surface area of the factors as color materials, size, and proooftionality. side of the archway support on which thesion is located. Minimum clearance height is'10 feet forentrancewav Lee 14-56-7 Measurement signs across driveways and 8 feet forentrancewav signs Standards across walkways, An entranceway sigrris notallowed if the property has a masonry wall sign. Window signs 25% of window area - - 3 sq. ft. per sign face Directional signs May be double-faced for total area of 6 - - sq. ft. Identification & Up to one of these signs is allowed per building. Integral signs 2 sq. ft. No permit is required. One private flag may be displayed in conjunction with Flags - -- public flags. No permit is required. 14-56-9 Non-Permanent, Off-Premise, and Other Special Si ns A. In addition to the signage permitted in each zone, as described in Section 8, above, the following signs may be installed in any zone according to the specifications and provisions contained in Table 56-6. These signs shall not be applied toward the maximum sign area specified in Section 8, except as otherwise indicated in the Table 5B-6. B. Banners are not permitted, except as allowed for Special Event Signs and Going Out of Business Signs, as specified in Table 5B-6. Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Ather Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions No permit required. In Residential Zones: Must not be illuminated. Area: 32 sq. ft. per face 5 ft Must be removed prior to issuance of the certificate of Construction signs May be double faced fora In Non-Residential occupancy. total of 64 sq. ft. Zones: 10 ft. Can be located closer than 5 ft to a property line if located on the wall of a building, fence or protective barricade surrounding the construction. PAGE 56-21 14-SB Sign Regulations Table 5B-6: Sign.$pecifications and Provisions forNon-Permanent,'Off-Premise, and Other:Special Signs. Petmitted'Signs Maximum Sign Area Maximum:Height Provisions No permit is required. One non-illuminated monument sign per development of 2 Real Estate 32 sq. ft. per face 10 ft acres or more Shall be removed upon sale or lease of 50% of lots or units Development May be double faced fora in the development. signs total of 64 sq. ft. These signs shall not be considered off-premises signs, provided they are located on land that is part of the subject subdivision or development. No permit is required. One non-illuminated sign is permitted per tet rinci al building that is for sale,.rent, or lease. in Residential Zones: 4 sq. ft.; .Only"allowed as a May be double-faced fora In Residential Zones: tmpotary sign located in the yard or in the window.' Sign Real Estate signs total area of 8 sq. ft. 5 ft canhot be affixed to buildings, fences, flag poles or'other In Non-residential Zones: 32 In Non-Residential permanent structures. sq. ft.; May be double-faced Zones: 10 ft. Must be removed within 48 hours after tie-sale-ef the for a total area of 64 sq. ft. property building, or unit within a building for which the sign is intended is spld, rentedaeased-or vrithdrawr- from the market: Forresidential rental properties; real estate signs maybe displayed no more than 4 months prior to the commencemenf'of theieasing aeriod. No permit is required. Signs in windows - - Posters and other non-permanent signs in windows are allowed. One non-illuminated sign per lot is allowed. Special events sign restricted to 4 times in 12 month period Special Events 100 sq. ft. - and single duration of 30 days May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Must not be illuminated. May be displayed for up to 60 days; Going-Out-of- 100 sq. ft. - Restricted to once in a 12-month period for single business. Business signs May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Temporary signs 12 sq. ft. per face No permit is required. (other than real May be double-faced for total Height; 10 ft One non-illuminated sign per lot is allowed. estate signs) of 24 sq. ft. Signs shall not be displayed for more than 60 days. In ID and Residential Zones: In ID and Residential 32 sq. ft. per sign face; May be Zones: 5 ft In ID and in Residential Zones, one monument sign is double-faced for a total of 64 In all other Zones: allowed at each street entrance to a subdivision or housing Development sq. ft. Not to exceed the development. signs In all other Zones: Not to maximum height for In all other Zones, one freestanding or monument sign is exceed the maximum sign the subject sign type allowed at each street entrance to a subdivision or housin area for the subject sign type as specified in the development. as specified in the applicable applicable zone. zone. PAGE 5B-22 14-SB Sign Regulations Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions Off-Premises signs are not permitted in Residential, CO-1, CN-1, CB-5, CB-10, ORP and RDP Zones. May take the form of any type of sign allowed in the zone in Not to exceed the maximum which the sign is located and must comply with all other sign area for the subject sign provisions specified for the subject zone. type as specified in the Not to exceed the Only one off-premises sign is allowed per lot or tract. applicable zone and will be maximum sign height Two or more uses may install a common off-premises Billboards and deducted from the maximum for the subject sign directional sign. Other Off- sign allowance for the subject type as specified in Nooff-premises sign shall be located within 300 ft. of Premises Signs property. the applicable zone. another off-premises sign. No off-premises sign shall be located within 120 ft. of a Billboards: 72 sq. ft. May be Billboards: 25 ft Residential Zone, Parks and Open Space Use, Educational double-faced for a total area of Facility, Religious/Private Group Assembly Use, public 144 sq. ft. museum or government administrative or judicial office. Billboard signs shall not apply toward maximum sign allowance for the lot or tract. 14-5B-10 Privatel -Owned Si ns in Public Places A. Purpose In order to promote the health, safety and general welfare of the population, no privately- owned signs shall be placed on or over a public place, as defined in Article 14-9C, except as permitted by the City Code. B. Removal Existing privately-owned signs currently located on or over a public place that are not in compliance with the City Code shall be eliminated and removed. If the sign owner fails to remove the sign after so ordered by the City, the City may remove the sign and assess the costs against the sign owner. C. Special Provisions 1. Signs associated with parades, marches, public entertainment, public demonstrations, or the commercial use of sidewalks that are located on or over a public place are subject to the provisions of Title 10, Chapters 1, 2, and 3 of the City Code. Any signs located on or over the City Plaza are subject to the provisions of Title 10, Chapter 5 of the City Code. 2. The City Manager or designee may approve and execute applications on the City's behalf for the placement of privately-owned signs on or over a public place upon finding that the signs: a. Provide information and guidance to locations of general public interest; and b. Will not create a hazard to movement along or within a public place, restrict access to a public place, or interfere with the convenience and tranquility of the area adjacent to a public place. Karen Howard From: Klaus, Carl H [carl-kaus@uiowa.edu] Sent: Thursday, August 14, 2008 10:24 AM To: Karen Howard Cc: mbslonn@mchsi.com Subject: Proposed revisions in the code for building signs Dear Karen Howard, I write in support of the Northside Neighborhood's request for revisions in the city code pertaining to building/rental signs in residential neighborhoods. As a resident of Goosetown, I share the belief that residential neighborhoods should not be turned into permanent advertising venues by landlords and rental agencies. Thus I strongly support the revisions that have been drafted by city staff. Yrs., Carl Klaus carl klaus http://www.carlklaus.com Karen Howard From: Howell, Perry [perry-howell@uiowa.edu] Sent: Thursday, August 14, 2008 12:03 PM To: Karen Howard Subject: proposed clarifications of Iowa City signage regulations Dear Karen, Just writing to let you know that I strongly support the clarifications you have made to the Iowa City signage regulations. I appreciate the work that has gone into thinking about and writing up these clarifications. I think this will be very helpful, especially for maintaining the appearance of residential areas that makes them pleasant places to live in the first place for both owner-occupiers and renters. Please do not hesitate to contact me if I can provide any additional input to express my support. Regards, Perry Howell Page 1 of 1 Karen Howard From: j & r Williams [williams.books78@gmail.com] Sent: Thursday, August 14, 2008 12:00 PM To: Karen Howard Subject: commercial signs in residential neighborhoods Hi -regarding this issue, my suggestion is that, (1 Jat the very least, such permanently affixed commercial real estate related signs be limited to the same total square-inchage and/or other limitations, as for true "cottage industry" at-home businesses -- -------- ---OR, [2] that true cottage-industry type businesses be permitted the same privileges as the current large real estate/rental signage ! Sincerely, Rok Northside Book Market, Iowa City 319-466-93 3 0 OPEN Mon-Fri 11-8, Sat 11-6, Sun 11-5 NEW bookstore email address is: w_ llams.books78~gmail_.c_om 8/14/2008 Karen Howard From: Vinsonhaler, Nettie C [chris-vinsonhaler@uiowa.edu] Sent: Thursday, August 14, 2008 10:07 AM To: Karen Howard Subject: proposed signage amendments Attachments: sign.code.amendments.7.08.memo.doc; ATT00001.txt sign.code.amendme ATTOOOOl.bct (70 nts.7.08.memo... B) Dear Karen Howard, As a new home-owner in the Northside area, I want to express my strong endorsement to the proposed sign ordinance modifications. Certainly the issue of neighborhood appearance strongly affects property values--which in turn strongly affects tax revenues, as well as the vibrancy and health of a community. In addition, however, the sign modificatons also protect those involved with rental property. Reduction of signage increases the appeal of neighborhood life for those who choose to rent in neighborhoods, thereby improving rental values for those who own rental property. I know this because I also share a couple of rooms in my own house with graduate student renters. Because I offer a high quality environment for those who share my home, I can charge higher rent and also keep my home in top condition. Moreover, I am able to do this without any signage whatsoever. I have found other ways to advertise (especially the new craigslist.org), which are much more effective than physical signage. Thank you for your consideration. Yours, Chris Vinsonhaler 715 E. Market Street 1 Page 1 of 1 Karen Howard From: KENT ACKERSON [kent_ackerson@msn.com] Sent: Thursday, August 14, 2008 9:35 AM To: Karen Howard Cc: Northside Subject: Signs on multi-family dwellings Dear Karen, We have lived in the Northside Neighborhood since 1974. We support changes that will restrict, and hopefully eliminate, the proliferation of signs on rental properties. Respectfully, Kent and Kay Ackerson 617 Brown Street Reveal your inner athlete and share it with friends on Windows Live. Share now! 8/14/2008 Page 1 of 1 Karen Howard From: jponto@avalon.net Sent: Friday, August 15, 2008 8:41 AM To: Karen Howard Subject: sign code amendments Dear Karen, Planning and Zoning Commission, et al., I wish to express my support of the proposed amendments to the sign code. As a resident of the northside neighborhood, I am familiar with and affected by many of the signs discussed. For example, I believe that the free-standing sign for Russ Amoco should be allowed. My primary concern, however, relates to permanent rental signs affixed to apartment buildings. These signs are visually quite distracting to the neighborhood. I think that the proposed amendments to the sign code will be important improvements, and I urge their adoption. Sincerely, James Ponto 618 Brown St Iowa City 8/15/2008 Page 1 of 1 Karen Howard To: Mark Penno Subject: RE: Clarification of sign codes From: Mark Penno [mailto:alexpenno@yahoo.com] Sent: Thursday, August 14, 2008 10:13 PM To: Karen Howard Subject: Clarification of sign codes Karen, I will not be present at the Planning and Zoning meeting next Thursday, but would like to express my support of the clarification and "cleaning up" of the signs on properties- sign clutter. Thank you! Bonnie Penno 8/15/2008 Page 1 of 2 Karen Howard From: N Ta [nta1995@hotmail.com] Sent: Thursday, August 14, 2008 2:44 PM To: Karen Howard Subject: FW: Northside Action Alert Attachments: sign.code.amendments.7.08.memo.doc Dear Ms. Howard: I live in the Northside Neighborhood on Fairchild St and am writing to not support the NNA complaint about signs affixed to the building. I think this is violating property owners' rights. If it's within owners' property, I don't think the city should infringe to that right. In addition, what if it takes more than a year to rent or sale a property, would a regulation from the city leads to property owners to unable to put up a for rent /sale sign after the expired date. There aren't too many rental buildings here to make this even an issue. I am offended to listen to what the associations or the city tell me how to live on my property. In short, I don't think that we need tiny bity law that takes away people's rights. thank you for your time, Hannah Hinckley Karen Howard From: c spons [csspons@yahoo.comJ Sent: Friday, August 15, 2008 11:06 AM To: Karen Howard Subject: Support for Sign Clarification Dear Karen, I am writing to support the proposed sign code amendments, particularly the one regarding signs on multi-family buildings. Over the past few years, I have watched with concern as permanently-affixed signs advertising rental companies have cropped up with growing frequency on single-family houses used as rental property. It is now hard to find a block in any older neighborhood that is unmarred by their presence. These signs, which typically advertise the rental company's website (e.g., "www.CityRentals.org," undermine the residential feel of neighborhoods and contribute to visual clutter. As commercial advertisements, they are out of place in residential zones. I believe that the proposed clarification will help maintain the spirit and intent of the existing code, by removing this commercial clutter from residential neighborhoods. Sincerely, Claire Sponsler 413 N. Gilbert St. 1 Page 1 of 1 Karen Howard From: jesse.singerman@mchsi.com Sent: Friday, August 15, 2008 10:47 AM To: Karen Howard Subject: sign clutter clarification Dear Karen- I support the clarification of the sign code which will be reviewed by the Planning and Zoning Commission and by the City Council in the section entitled "Signs on Multifamily Buildings" This should help to address the problem of commercial sign clutter in residential neighborhoods. Thank you, Jesse Singerman 219 Ronalds St. Iowa City, IA 8/15/2008 Karen Howard From: Rebecca Beachy [rabeachy@msn.com] Sent: Monday, August 18, 2008 4:03 PM To: Karen Howard Subject: Proposed amendment to sign code Karen- I'm the vice president of the Greater Iowa City Area Apt. Assoc. and Dave told me to pass along my comments to you. We have 2 properties- one at 316 S. Johnson & 612 Court Street. We tried to have yard signs by our properties but after several have been ripped off and damaged, we decided to put a small sign on our 316 S. Johnson bldg when we have vacancies. I understand trying to get away from large banners hanging from balconies, etc. but I think it's important to still allow signs on the buildings- and regulate their size & placement. We get the majority of our calls from people who drive around and see our signs at all our properties. The downtown properties are the only ones that get stolen all of our other properties we can use yard signs. Rebecca Jim Miller Rentals PO Box 247 Iowa City, IA 52244-0247 (319) 631-2461 Fax: (319) 354-4903 1 Karen Howard From: Susan Futrell [sfutrell@mchsi.com] Sent: Thursday, August 21, 2008 1:19 PM To: Karen Howard Cc: Judith-pascoe@uiowa.edu; Will Jennings Subject: sign code updates Hi Karen, I won't be able to be at the P & Z meeting tonight, but wanted to add my support for the proposed changes to the sign code, to limit the use of permanent commercial advertising signs on rental properties. I'm a resident and homeowner in the near North neighborhood, and feel strongly that the proposed changes to the code are needed to encourage and maintain the residential character of the neighborhood. It takes constant effort to keep the neighborhood from sliding into an impersonal, absentee, unkempt zone, but it's an especially worthwhile effort as this is one of Iowa City's historic, 'gateway' areas. The proposed changes to the sign code are just the kind of simple, low-cost City guidance that is needed to support efforts to make this an attractive, desirable and diverse neighborhood. Thank you very much for your work on this. Sincerely, Susan Futrell 311 Fairchild Street sfutrell@mchsi.com 319-337-7770 1 Page 1 of 1 Karen Howard From: Buss, William G [william-buss@uiowa.edu] Sent: Thursday, August 21, 2008 7:52 AM To: Karen Howard Subject: Sign Code Amendments Dear Karen, The Staff recommendations for changes in the Sign Code seem reasonable, sensible, and modest; and, I note, they include a provision increasing the number of real estate signs for lots on which more than one building is for sale or rent. I support the recommendations, which should help to serve all interests in neighborhoods with substantial residential property. William Buss 718 S. Summit Street Iowa City, Iowa 52240 8/21/2008 Page 1 of 1 Karen Howard From: Barbara Buss [barbybuss@msn.com] Sent: Thursday, August 21, 2008 9:16 AM To: Karen Howard Subject: Sign Code Changes Attachments: From ORION.doc Dear Karen, I am writing in support of the staff s recommendations to the changes in the sign code. I do so because I feel that these recommendations address the rights of landowners as these rights relate to the common good. (Please see the attached remarks of Eric T. Freyfogle, Professor of Law at the University of Illinois in consideration of individual rights and the common good.) As stable neighborhoods, the older neighborhoods of Iowa City are an asset to the entire city. They provide pedestrian traffic to the downtown merchants and easy access to the university; for many they are a preferred option to living in surrounding developments, an option which makes Iowa City an attractive place to which to locate. Because of their proximity to the University, however, these assets are also their liabilities as the stability of these neighborhoods is threatened by the market for temporary residences. It would serve the university and the city well to protect these neighborhoods for owner occupied homes, but neither has distinguished itself in doing so. I'm not suggesting that rental properties destroy a neighborhood for owner occupied residences, nor that apartment buildings and duplexes do not belong in neighborhoods with single family houses. With taste and consideration for the common good -this heterogeneity can be an asset to the neighborhood. Unfortunately, it would appear that taste and consideration are often not self-imposed, making it incumbent upon the city to make these a requirement. Revising the sign code is a small but important step in "revising the rights of landowners so that they promote [the] common good." (Freyfogle) I thank you and your staff for making these changes. I hope they will be accepted as written. Sincerely yours, Barbara Buss 718 S. Summit Street 8/21/2008 Page 1 of 1 Marian Karr From: George Wagner [goosetownrentals@gmail.com] Sent: Tuesday, September 23, 2008 10:38 AM To: Council Subject: proposed sign ordinance As a resident in the NNA, as well as a small landlord operator, I write to discourage banning rental property ".COM" signs. I am not against regulating design or seasonal usage (OK during Feb-July for example). Having a rental permit should authorize the use of such signage. .COM signs are hardly a "nuisance"... nor are they "billboards"... but an effective innocuous mode of communication. The fact remains that rental housing is one of the greatest needs/services in our community and that our City derives most of its revenue from property tax, in which rental housing is a contributor. The Internet is the mode of communication with college students - banning a service to this demographic seems a bit against what makes our City prosperous, unique and diverse. Regulation perhaps, ban NO. George Wagner GoosetownRentals(cr~ email. com 9/23/2008 '.,~_ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 14-56, SIGN REGULATIONS, AND ARTICLE 14-9C, SIGN DEFINITIONS, TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPERTIES WHEREAS, the Central Business Service (CB-2) Zone is intended for the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in downtown Iowa City and adjoining areas and to enhance the pedestrian orientation of the central area of the city ;and WHEREAS, freestanding signs are typically not suitable for pedestrian-oriented urban commercial areas, but there are limited circumstances in the CB-2 Zone where the existing configuration of a site and location of the building or buildings pn a site might make it practica ly difficult to install a monument sign and that other types of allowed sign ge would not be readily visibl from the street due to the location of building(s) or other unique site characteristics; and WHEREAS, archways that deline to the entrance to a park' g lot or grounds may be appropriate locations for directional and/or identificat~ n signage; and WHEREAS, commercial sign clutt r detracts from the residential character of single family neighborhoods; and WHEREAS, signs advertising real est a for sale or lea a should be temporary in nature and not permanent features on a building; and WHEREAS, small signs identifying the easing com any are appropriate on larger multi-family buildings in multi-family zones where due to the umber of partments turnover rates are higher. NOW, THEREFORE, BE IT ORDAINED B THE C Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City f I a City, Iowa is hereby amended as follows: A. By repealing Article 14-5B, "Sign Regul 'ons," and substituting in lieu thereof "Article 14-5B, Sign Regulations," attached hereto and i porated herein by this reference; and B. Amending Article 14-9C, "Sign Defini ' ns, by adding definitions of "entranceway sign" and "residential leasing company sign," as ollows: ENTRANCEWAY SIGN -Anon-b ding sign 'ncorporated into or mounted on the face of, or affixed above or below an a ranceway a h that extends over a walkway or driveway. Said sign type is intended t identify and di ct traffic to a place, grounds, or parking lot. The sign may include the ame of only one tity or place and an associated logo, crest, or insignia that identifie the place, grounds r entity to which the parking or grounds belong. The sign ma also include the word "parking," "entrance," and/or directional arrows, but may not ntain any advertising message. RESIDENTIAL LEASI G COMPANY SIGN: A buildin sign displaying the name, address, phone number, ebsite, crest, insignia, and/or trad ark of the leasing company for the multi-family bu' ding upon which it is located. C. Amending Article 4-9C, "Sign Definitions," by deleting the c~finitions of "real estate sign" and temporary sign,' and substituting in lieu thereof, new definitions for these sign types as follows: 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. TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, or political sign constructed of temporary materials, such as cardboard, wallboard or plywood, with or without a structural frame, intended for a temporary period of display, but excluding banners. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be ~_. ~, ` ' ~, Ordinance No. Page 2 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 Ordinance shall be in effect after its final passage, approval and publication. n.....,,.,+ ...-..-I ...............! +h~c. rd o~i of 7~ by ey's Office PAGE 56-1 14-SB Sign Regulations Article B. Sign Regulations ' ~~ The purpose for this Article is to enhance and protect the physical ap earance and safety of the community, to protect property values and to preserve Iowa City's ar as of natural, historic and scenic beauty. These regulations are also intended to reduce distra ions and obstructions contributing to traffic accidents, reduce hazards caused by signs ojecting over the public right of way, provide a reasonable opportunity for all sign users to des lay signs without interference from other signs e, to provide fair and equitable treatment for II sign users and to establish a reasonable perio~of time for the elimination of nonconformi signs. A. Applicability All signs on private roperty must be installed, aintained, and/or removed according to the provisions of the rticle. B. Permit Required 1. No sign requiring a ermit in accord ce with the requirements of this Article shall be installed, altered, mo ed, improve or converted without first obtaining a sign permit from the Building Office I or desi ee according to the procedures specified in Chapter 8 of this Title, R view d Approval Procedures. A permit is not required for incidental repairs or routin m intenance. 2. Certain types of signs are al wed without a permit and such exemption from the sign permit requirements is cle ly ecified in the tables included in Sections 8 and 9, below. A permit is requir for y sign that is not specifically exempted from the permit requirements. C. Sign Installer's License equired Except for those sig snot requiring a rmit, as listed in Sections 8 and 9 of this Article, it shall be lawful for any perso to install, alter, move, improve, remove or convert any sign ithout having a sign ins Iler's license in good standing issued by the City. Aone- me sign installer's licenses all be available to a tenant or owner of a building to per it the tenant's or owner's ow sign to be installed. 2. The license t install, alter, move, improve, remove or convert any sign as required herein shall a known as a sign installer's license'~nd shall be issued by the City to the perso desiring to perform the work indicated above. No such license shall be issued to ny person until such person shall have pa~i~d to the City a license fee as establis d by resolution of City Council and shall have filed with the Department of Housin and Inspection Services a copy or a certificate of a contractor's public liability insura ce policy with coverage limits as set out in Title 3, Chapter 4 of the City Code. The ity shall be designated as an additional insured, and'the policy shall provide tha the City is to be notified 30 days in advance of the termination of the policy. The license shall indemnify and save harmless the City from any and all damage, PAGE 5B-2 14-SB Sign Regulations judgment, cost or expense which the City may incur or suffer by reason of said license issuance. 3. All sign installer's licenses shall expire on December 31 of each year. Renewal fees and reinstatement fees shall be as established by resolution of the City Council. Any license that has expired may be reinstated within 60 calendar days after the expiration date upon payment of an additional reinstatement fee. 4. A one-time sign installer's license shall be valid for 30 days from the date of issuance. 5. T e Building Official or designee is responsible for enforcement of these provisions an is empowered to suspend or revoke a sign installer's license f a violation of the sign egulations or if the license was obtained by fraud or if th icense allows any perso not employed by the sign installer without a valid ins ler's license to do or cause t be done any work requiring a license. j'l 6. A person grieved by the revocation, suspension o~nial of a license may appeal said action t the Board of Adjustment. 7. If a license is r yoked for any reason, anothe nstaller's license shall not be issued to such person for months after revocatio D. Application of State w In any case in which the de of Iowa, as mended, contains more restrictive requirements than the regu tions conta' ed herein, the Code of Iowa, as amended, will govern. A. Location Standards For 1. No sign shall be loc ed in violati of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-buildi signs, and all parts t reof, must be set back at least 5 feet from any property lin ,with the following excep 'on. Signs may be located closer than 5 feet to a prope ine at 10 feet or more above rade, provided no part of the sign or sign support verhangs any property lines. In ddition, freestanding wide-base signs must not be ocated closer than 10 feet to any ri ht-of-way or closer than 30 feet to any stre curb. 3. Building signs must comply with the building s tback requirements of the base zone. No part of a building sign or sign support may o erhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the pu lic right-of-way according to the provisions of this Article, a Use of Public Right-of-Vl~ay Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. PAGE 5B-3 14-SB Sign Regulations B. Signs Adjacent To Residential Zones 1. Any sign located in aNon-Residential zone, but within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign pefinitions. 3. In Non esidential Zones, except for facia signs, no sign shall located in the required ont building setback area within 50 feet of a Resi ntial Zone. 4. Facia signs ocated in Non-residential Zones and within 5 feet of a Residential Zone on the same ide of the street shall not be placed on t e wall of the building facing the Residentia Zone. A. Construction All signs, except for temp ary signs, shall b designed and constructed to withstand a wind pressure of not less t n 30 pounds r square foot of area and loads as required by the Building Code. B. Minimum Clearance Heigh The minimum clearance height ' asured from grade to the lowest point on the sign. The minimum clearance height freestanding, banner, and time and temperature signs is 10 feet. For storefront projec ' signs allowed in the CB-2, CB-5 and CB-10 Zones, the minimum clearance height is fee C. Maintenance All signs shall be maintai ed in such a anner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is hanged manually Any sign m contain copy that is cha ged manually, unless precluded by definition or specific ly prohibited. 2. Copy th t is changed electronically Signs w ;ere the copy is changed by elect nic means are only allowed as specified below. a. The sign must be located in a Commerc I Zone or in a Public Zone. However, electronic changeable copy signs are not Ilowed within 100 feet of a Residential Zone, except for allowed Time and Temp ature Signs, as defined in Article 14- 9C, Sign Definitions. On properties zoned ublic, electronic changeable copy signs are not allowed where said sign wou~ be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI- 1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. PAGE 5B-4 14-.SB Sign Regulations c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," 'caution," "drive in," " anger," or any other word, phrase, symbol or c ratter in such a way as to in Mere with, mislead or confuse traffic. e. The n must comply with the illumination st dards as specified in the followi q subsection. f. In the M CO-1, CN-1, and CB-10 Zones, ectronic changeable copy is only allowed on time and temperature sign (ee definition of TIME AND TEMPERATU SIGN in Article 14-9C). T e electronic changeable copy portion of the sign is li ited to the display oft a time and/or temperature and may not exceed 40 perce t of the area of the ign face. g. In Public Zones an in CH-1, CI-1, d CC-2 Zones, electronic changeable copy is only allowed on ti a and tempe ature signs, freestanding signs, freestanding wide-base signs, and onument igns. On time and temperature signs, the electronic changeable c y port' n of the sign is limited to the display of the time and/or temperature nd ay not exceed 40 percent of the area of the sign face. On freestanding and a standing wide-base signs the electronic changeable copy portion of e sign may not exceed 40 percent of the area of the sign face. For monum nt 'gns the electronic changeable copy portion of the sign may not exceed 0 per nt of the area of the sign face. h. In the CB-2 and CB-5 Z es, elect nit changeable copy is only allowed on time and temperature signs nd monume t signs. On time and temperature signs, the electronic change le copy portio of the sign is limited to the display of the time and/or tempera ure and may not teed 40 percent of the area of the sign face. On monumen signs the electronic hangeable copy portion of the sign may not exceed 7 percent of the area of a sign face. E. Illumination Requireme~its ' Illuminated signs must co orm to the following require 1. Except for signs in a ID and Residential Zones and ecial event signs, all permitted signs may be inter ally or externally illuminated. All sig s permitted in the ID and Residential Zone and special event signs may only bee ernally illuminated with white light. 2. Illumination t ough the use of exposed lamps or inert gas t es is allowed, provided the exposed mp does not exceed 11 watts or that an inert g tube does not draw more than milliamps. When inside frosted lamps or exposed amps with a diffusing screen are used, no lamp shall exceed 25 watts. 3. Illumination through the use of LEDs is allowed only as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monitors PAGE 56-5 14-SB Sign Regulations and must at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. The electronic hangeable copy must be monochromatic. It must utilize a dark background wit only the message or image lit in a single color. 4. Artificial external ' ht sources used to illuminate a sign face must be located and shielded such that e bulb is not directly visible from an adjacent residentially- zoned property or p lic right-of-way and must use a nar ow cone of light that does not extend beyond the 'lluminated sign face. 5. Illumination on a grope including illumination from signs, must not exceed 0.5 initial horizontal footcandle and 2.0 initial maximum f otcandles as measured at any point along a property boun ry that is adjacent too across the street from properties that are zoned Resi ntial, CN-1, or CO-1 6. All illuminated signs are subject t the provisions the Electrical Code, including any permit fees. 7. Permit applications for electronic cha eable c y signs must include a copy of the manufacturer's operating manual, inclu ing a recommended standards for brightness and other display operations. 8. For electronic changeable copy signs, whe er the sign is programmed from the site or from a remote location, the computer i to ace that programs the sign shall be made available to City staff for inspectio upo request. If the computer interface is not immediately available, the sign sh cease o eration until such program can be provided. A. Nonconforming Signs All legally nonconforming signs mus comply with the provisio specified for nonconforming signs in Article 14- ,Nonconforming Situations Signs deemed "historic" may be eligible for a special exce tion according to the provision specified in Article 14- 4E, Nonconforming Situations. Signs for Nonconforming es A nonconforming use is per fled to have the same amount and type f signage as would be allowed for such use in t e most restrictive zone in which such use i allowed. However, residential leasin company signs are not allowed on multi-far>hily buildings in the RR-1, RS-5, RS-8, RS- 2, and RNS-12 Zones regardless of the nonconforming status of the building. A. Regulations are Exclusionary These regulations are intended to be exclusionary. Any type of sign not specifically listed in this Article is prohibited. In addition, the following signs are specifically prohibited in all zones: PAGE 5B-6 14-SB Sign Regulations 1. Animated signs, except for barber poles as expressly permitted by this Article; 2. Hazardous signs; 3. Obs lete signs; 4. Painte wall signs; 5. Portable igns, including signs on wheels, trailers, and truc beds, but excepting those po ble signs expressly permitted by this Article; 6. Roof signs; 7. Searchlights; 8. Spinners, balloon pennants, or other similar devic ; 9. Swinging signs. 10. No vehicle, including tr 'lers, shall be parked sot at it functions primarily as a sign. A vehicle will be considere in violation of this pro ision if questions a. through c., below, can be answered in he affirmative and here is no compelling answer to question d. to justify the par 'ng location as o posed to some less conspicuous location. a. Is the vehicle parked at a p minent I cation? b. Can people driving by the sig easily read the sign? c. Is the vehicle in the same or sim a locations for several hours during the same day or for several days during the ame week? d. Are there any stated or apparen rea ns, other than for signage purposes, that justify the vehicle being at tha ocatio ? B. Removal of Prohibited or Illegal Si ns In accordance with the following proc ure, the Buil g Official or designee is authorized to require the removal of any illegal prohibited sign: 1. Before taking action to requir the removal of any ill al or prohibited sign, the Building Official or designee ill provide written notice o the owner or operator of the business to which the si n relates. 2. The notice will specify tha the illegal or prohibited sign m t be removed or brought into compliance with this rticle within a reasonable time of uch notice. 3. If the sign is not remov d or repaired, as the case may be, wi in the time allowed, the Building Official or esignee is hereby authorized to have th sign removed to be used as evidence and ssess the costs of removal against the pro erty for collection in the same manner s a property tax. A. Maximum Sign 1. Where the size of a sign is regulated by the area of a wall, an awning or a canopy, the maximum sign area is calculated as a percentage of the total area of the wall, the awning, or the canopy on which the sign is affixed. PAGE 58-7 14-SB Sign Regulations 2. For entranceway signs located on the front elevation of the entranceway arch, the maximum sign area is calculated as a percentage of the total area delineated by the entranceway arch. For entranceway signs located on the side of the archway, the maxi um sign area is calculated as a percentage oft surface area of the side of the arc way support on which the sign is located. Fig re 56.1 illustrates how to measur the total area delineated by the entrancew arch and the surface area of the side o the archway support. The total area deli Bated by the entranceway arch in Figure 5 1 = x(y). The surface area of the si e of the archway support in Figure 5B.1 = a(b). Figure 58.1 _.___. _ - 3. The total building signage on a II, ca opy, or awning shall not exceed the maximum sign allowance for th wall, c opy, or awning, regardless of the number of uses or occupants in the bui ing. Fore ample, if the maximum sign area for facia signs is 15 percent, then no ore than 15 p cent of any single wall of the building may be covered by facia sig ,regardless of w many businesses are located in the building. B. Measuring Sign Area The area of each sign, regard) ss of shape, shall be com uted by determining the area of a triangle, rectangle or circle at completely encloses the uter perimeter of the sign face. In the case of a sign compo ed of characters or words that re attached directly to a building, an appurtenance a building, or a masonry wall, t e area of the sign will be computed by determining a area of a triangle, rectangle, or 'rcle that completely encloses the whole group of characters or words. C. Measuring Sign Heig t The maximum height a sign shall be the measurement from grad to the highest point on the sign. In the ca a where a minimum height is established, the l~iinimum height shall be measured from gr de to the lowest point on the sign. PAGE 5B-8 14-SB Sign Regulations ~ - - ~ ~ ~ A. Sign Standards for the ID and OPDH Zones 1. Permitted Signs: a. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identification build' g sign and one integral sign and public flags, as specified in Table 5B-1, below. b. ignage for non-residential uses in the ID-R and ID-RM Zones, are permitted o e identification sign. The identification si n may be one of the following types: fac ,awning or monument sign. For Insti utional Uses, the sign may also inclu e copy announcing its services or tivities. c. Signag for non-residential uses in the D-C, ID-I, and ID-RP Zones must comply ' h the sign regulations cont ned in Subsection 8C, Sign Standards in the CO-1, -1 and MU Zones. d. Residential u sin any OPDH zone re permitted signage in accordance with the requirements o the underlying Re idential Zone. Non-residential uses approved as part of a plan d developmen are permitted signage in accordance with the sign regulations co tained in Su section 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Sign Specifications and ovisi ns a. All signs for residential u s i the ID Zones and OPDH Zones are subject to the standards specified in Tab B-1. b. All signs in the ID-RS and M Zones are subject to the standards specified in Table 5B-1. c. All signs for non-reside ial uses ' the ID-C, ID-I, and ID-RP Zones are subject to the standards specif din Table 5B-2. d. In the OPDH Zone, al signs for non- sidential uses approved as part of a planned developme are subject tot standards specified in Table 5B-2. B. Sign Standards for all Residential Zones 1. Permitted Signs: / a. Principal uses, her than Single-Family Use and Two Family Uses, are permitted one ' entification sign. The identifi tion sign may be one of the following type :facia, awning, or monument si n. For Institutional Uses, the sign may als include copy announcing its servi s or activities. b. Parks and O en Space Uses are permitted entranc way signs as specified in Table 5B-1. c. In Multi-F ily Zones, multi-family buildings with 8 o more dwelling units are allowed R sidential Leasing Company Signs as specifie in Table 5B-1, below. d. Single Fa ily Uses and Two Family Uses are not allowed o install permanent signs, ex ept for one small identification building sign and-'one integral sign and public flags, as specified in Table 5B-1, below. PAGE 5B-9 14-SB Sign Regulations 2. Sign Specifications and Provisions All signs in Residential Zones are subject to the standards specified in Table 5B-1. Table 5B-1: Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones Permitted Si s Zone Maximum Sign Area Maximum Height & Special Provisions Max. Height: Top of first ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12 4 sq. ft. story. Limited to identification Facia Sign' only, except as allowed for ID-R RM-12, RM-20, RNS-20, RM-44, 12 q. ft. Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. Max. Height: 5 ft Limited to identification 1 sq. ft. per sign face. only, except as allowed for ID-RS, RR-1, RS-5, R 8, RS-12, RNS-12 M be double-faced fora Institutional Uses. total area of 24 sq.ft. Not allowed for Single Family and Two Family Uses. t Si s M gn onumen Max. Height: 5 ft Limited to identification 24 sq. ft. per sign face. only, except as allowed for ID-RM, RM-12, RM-20, RNS-20, RM- May be double-faced fora Institutional Uses. PRM total area of 48 sq.ft. Not allowed for Single Family and Two Family Uses. Max. Height: Top of first story ID-RS, RR-1, RS-5, RS-8, RS-1 RNS-12, 12 sq. . or 25% of awning Limited to identification only, except as allowed for Awning Sign' ID-RM, RM-12, RM-20, RNS- , RM-44, surface, hichever is less Institutional Uses. PRM Not allowed for Single Family and Two Family Uses. PAGE 5B-10 14-SB Sign Regulations Table 5B-1: Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones Permitted Signs Zone Maximum Sign Area Maximum Height & Special Provisions Maximum Height: 20 ft. Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. If an applicant finds that this For signs located ove or standard is too restrictive, across the top f the they may request review entranceway arc ,the area and approval from the of the sign may of exceed Design Review Committee 25% of the ar delineated for an alternative design. by the entra ceway arch. The Design Review Committee will approve, Allowed for Parks and Open ace Uses For a sign ocated on the approve with conditions, or Entranceway Sign in any Residential Zone, ID ne, or side of t archway, the deny an application based OPDH Zone area of a sign may not on whether the proposed exceed 3% of the surface alternative design is arepp~~ of the side of the appropriate to and archy(iay support on which integrated into the overall {{he sign is located. design of the entranceway. (S e 14-56-7 Measurement The Committee will Standards) consider such factors as color, materials, size, and proportionality. Minimum clearance height is 10 feet for entranceway signs across driveways and 8 feet for entranceway signs across walkways. The sign must be a building sign. Only allowed on multi-family Residential buildings that contain 8 or Leasing Company RM-12, RM-20, RNS-20, RM- 4, PRM 3 sq. ft. more dwelling units. Sign p to one of these signs is al wed per building. Mus be located no more than feet above grade. The sig must be a building sign. Small ID-RS, RR-1, RS-5, RS 8, RS-12, RNS-12, Up to one o these signs is allowed per b ilding. identification sign ID-RM, RM-12, RM-20 RNS-20, RM-44, 2 sq. ft. No permit is re fired. PRM Not allowed if the uilding has a residential le sing company sign. ID-RS, RR-1, RS- , RS-8, RS-12, RNS-12, 2 sq. ft. per face Directional signs ID-RM, RM-12, -20, RNS-20, RM-44, May be double-faced for -- PRM total area of 4 sq. ft. PAGE 5B-11 14-SB Sign Regulations Table 5B-1: Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones Permitted Signs Zone Maximum Sign Area Maximum Height & Special Provisions ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Up to one of these signs is Integral sign ID-RM, RM-12, RM-20, RNS-20, RM-44, 2 sq. ft. allowed per building. PRM No permit is required. ID-RS, RR-1, RS-5, RS-8, RS-12, RNS-12, Public Fla ID-RM, RM-12, RM-20, RNS-20, RM-44, -- No permit is required. PRM 'Only one sign permitted; one facia sign, one awning sign, or one monument s' n (See 14-5B-8A-1.b.,above) C. Sign Standard 'n the CO-1, CN-1 and MU Zones 1. All signs in the 0-1, CN-1, and MU Zones are s bject to the standards specified in Table 5B-2. 2. Except for identific ion banners, monument s'gns, and entranceway signs, any number of signs may a installed, provided t e maximum sign area for each type of sign is not exceeded. e number of identif ation banners, monument signs, and entranceway signs is lime d according to th provisions specified in Table 5B-2. 3. Signage for residential use ust comply v~th the requirements for residential uses in the RM zones as stated in Ta e 5B-1. Table 5B-2: Sign Specifications and Provisions in e C -1, CN-1, and MU Zones Permitted signs Maximum Sign Area Maximum Height Provisions Top of first Facia Signs 15% allowance per story, except as allowed Parape signs are allowed, but only on one-story buildings. sign wall for parapet signs Canopy Signs 8 sq. ft. per sign Top of first story __ Up o two identification ban er signs may be affixed to each parking area li t pole, provided that the f owing conditions are met: The parking area must co ain at least 200 parking spaces and be shared by multiple commer ' I uses. • The light poles on which bann s are affixed must be spaced at least 80 feet apart. Identification 18 sq. ft. per 20 ft Each banner can be no more than ft wide and 6 ft in height. Banners banner The banner must be mounted or affix d so that the bottom edge of the sign is at least 10 feet above grade an the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in ap arance and size. The permit for the banner sign shall be valid for no ore than one (1) year. However, the permit will be renewable if the banner ns are in good condition or are replaced with new banner signs. PAGE 5B-12 14-SB Sign Regulations Table 5B-2: Sign Specifications and Provisions in the CO-1, CN-1, and MU Zones Permitted signs Maximum Sign Maximum Provisions Area Height Two or more uses on a single lot may share a common monument sign. The number of monument signs on a lot or tract is limited as follows: For lots or tracts with less th n 160 feet of frontage on a single street, Up to 2 sq. ft of only one monument sign is ermitted along that frontage. sign area per lineal For lots or tracts with 160 0 300 feet of frontage along a single street, foot of lot frontage, up to 2 monument signs re permitted. The monument signs must be not to exceed 50 at least 150 feet apart s measured along the frontage. Monument signs sq. ft. per sign face. 5 ft. For lots or tracts with f outage in excess of 300 ft along a single street, May be double- up to 3 monuments gns are permitted, provided the signs are at least ced for a total 150 ft apart as mea ured along the frontage. are of 100 sq. ft. For lots or tracts th frontage along more than one street, each • p sign. frontage is allow d signs based on the formulas stated above up to a maximum of 5 'gns. Any sign that is located within 25 feet of a corner (at the point w ere property lines intersect) will count as two signs; one toward the si allowance for each frontage. For signs located above or across the Up to one sign r facade of the entranceway arch. top of the entranceway arch, The sign may of contain changeable copy. the area of the sign Sign copy m not extend beyond the edges of the entranceway structure. If may not exceed an applicant finds that this standard is too restrictive, they may request 25% of the area review and pproval from the Design Review Committee for an alternative delineated by the design. T Design Review Committee will approve, approve with entranceway arch. conditio , or deny an application based on whether the proposed For a sign located ernat' a design is appropriate to and integrated into the overall design of Entranceway on the side of the 20 ft. the n anceway. The Committee will consider such factors as color, Sign archway, the area mate Is, size, and proportionality. of the sign may not exceed 33% of the Mi imum arance height is 10 feet for entranceway signs across surface area of the dr' eways a 8 feet for entranceway signs across walkways. side of the archway support on which ntranceway sig ge as specified herein will count as one sign toward the the sign is located. total limit for monu ent signs on a lot or tract. Not allowed if the subject lot (See 14-5B-7 or tract already has a onument sign located at the subject entrance. Measurement Standards) Awning signs 25% of awning Top of fir __ surface story Window signs 25% of window - area 25 sq. ft. per sign f Time & Temperature ace May be double- -- Shall not project more than 6 ft. into public r ht of way. Signs faced for a total of 50 sq. ft. Maximum diameter: 9 inches Barber Poles __ __ Maximum length: 3 ft PAGE 5B-13 14-SB Sign Regulations Table 56-2: Sign Specifications and Provisions in the CO-1, CN-1, and MU Zones Permitted signs Maximum Sign Maximum Provisions Area Height 3 sq. ft. per sign Directional signs ~ face __ __ ay be double- face for total area 0 6 sq. ft. Identification & 2 s ft Up to one of these signs is lowed per building. Integral signs No permit is required. One private flag may be d' played in conjunction with public flags. Flags -- No permit is required. Quick Vehicle Allowed for Quick Vehi e Servicing Uses. Servicing Signs No permit is required. D. Sign Standards in the -1, CC-2 and CI-1 nes 1. All signs in the CH-1, C 2, and CI-1 Zone are subject to the standards specified in Table 5B-3. 2. The total number of freesta ing signs, eestanding wide-base signs and monument signs on a lot or tract is limite as folio s. Any combination of these three types of signs is allowed within the state limit . a. For lots or tracts with less th n 60 feet of frontage on a single street, only one such sign is permitted along t t frontage. Freestanding wide-based signs are not permitted on lots or tracts ' h less than 160 feet of frontage. b. For lots or tracts with 160 to 00 t of frontage along a single street, up to 2 such signs are permitted, pr vided t e signs are at least 150 feet apart as measured along the fronts e. c. For lots or tracts with 301 0 600 feet of rontage along a single street, up to 3 such signs are permitted, provided the sig are at least 150 feet apart as measured along the fro age. d. For lots or tracts with f ontage in excess of 60 feet along a single street, up to 3 such signs are perm' ed, provided the signs a e at least 150 feet apart as measured along the f ontage. One additional mon ment sign is allowed, provided the sign is t least 150 feet from any othe monument, freestanding, or freestanding wid -base sign. ~ e. For lots or tracts w th frontage along more than one sti'~et, each frontage is allowed signs bas d on the formulas stated in subparagr''~phs a. through d., above. However, maximum of 5 such signs are allowed on any one lot or tract. Any sign at is located within 25 feet of a corner (the.. point where property lines i ersect) will count as two signs; one toward the sign allowance for each fronts e. PAGE 56-14 14-SB Sign Regulations 3. Other than for entranceway signs and the types of signs listed in paragraph 2, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 5B-3 are met. 4. Signage for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 5B-1. Table 56-3: ign Specifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Facia signs % allowance per sign wall -- -- Canopysigns 12 sq. ft. per sign Top of first story -- Up to 2 . ft. per lineal foot of lot front e, not to exceed 25 feet, 125 sq. ft. pe sign face. May however, in the be double-face for a total area of 250 squa feet. CH-1 District, property within When or more uses are located on a lot, a common Additional si n area 1,000 feet of an freest nding or monument sign may be installed. The maximum allowed in t e CH-1 Z e as interstate area f the common sign may be 50% larger than the area of Freestanding follows. For property wit 'n highway right of the aximum individual sign allowed. signs 1,000 feet of an interstate way may have 1 T number of signs is limited according to paragraph D.2., highway right-of-way, one of freestanding a ove. the property's allotted sign with a freestanding signs is allowed aximum height up to 250 sq. ft per sign face, no o exceed 65 which may be double-faced feet. for a total area of 500 sq. ft. Maximum width: 10 ft. When 2 or more uses are located on a lot, a common sign may nstalled. The maximum area of the common sign may be be Up to 2 sq. ft. per lineal foot o 50 /° larger than the area of the maximum individual sign Freestanding, of lot frontage, not to exceed 125 sq. ft. per sign face. 26 ft. Ilowed. Wide Base signs May be double-faced fora T number of signs is limited according to paragraph D.2., abo . However, a freestanding, wide-based sign is only total of 250 sq. ft. allow if the lot frontage is at least 160 feet, and the City Enginee determines that the location of the sign will not obstruct t visibility of vehicles entering or exiting the property. When 2 or re uses are located on a lot, a common Up to 2 sq. ft. per lineal foot monument or estanding sign may be installed. The maximum of lot frontage, not to exceed area of the com on sign may be 50% larger than the area of Monument signs 50 sq. ft. per sign face. May 5 ft the maximum indi 'dual sign allowed. be double-faced for a total The number of signs 's limited according to paragraph D.2., area of 100 sq. ft. above. Up to 1 sq. ft. per lineal foot ~ ~ of lot frontage, not to exceed 1 ft. less than `~~ ll 50 sq. ft. per sign. the height of the in lieu of a monument, One masonry wall sign is alloyed Masonry Wa Sign In additiono the sign may not masonry wall, , freestanding, or freestanding w~e-base sign. exceed 15 /° of the total area not to exceed 12 ~ of the face of the masonry feet `~ wall. PAGE 56-15 14-SB Sign Regulations Table 56-3: Sign Specifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Up to one sign per fa~atle of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure, If an applicant finds that this standard For signs located above or is too restrictive, they may request review and approval from across the top of the the Design Review Committee for an alternative design. The entranceway arch, the area Design Revi w Committee will approve, approve with of the sign may not exceed conditions, o deny an application based on whether the 25% of the area delineated proposed al rnative design is appropriate to and integrated by the entranceway arch. into the ov all design of the entranceway. The Committee or a sign located on the will consid r such factors as color, materials, size, and Entranceway side f the archway, the area 20 ft. proportio ality. Sign of th ign may not exceed 33% o e surface area of Minim clearance height is 10 feet for entranceway signs the sid f the archway acros driveways and 8 feet for entranceway signs across support on ich the sign is wal ays. loc d. tranceway signage as specified herein will count as one (See 14-56-7 M surement ign toward the total limit for freestanding, freestanding wide- Standard base signs and monument signs on a lot or tract. Not allowed if the subject lot or tract already has a monument sign, freestanding sign, freestanding wide-based sign, or masonry wall sign located at the subject entrance. For shopping centers, up to two identification banner signs may be affixed to each parking area light pole, provided that the / following conditions are met: The parking area must contain at least 200 parking spaces and be shared by multiple commercial uses. The light poles on which banners are affixed must be spaced at least 80 feet apart. Each banner can be no more than 3 ft wide and 6 ft in height. Identification Banners 18 s . ft. er banner q p 20 ft The banner must be mounted or affixed so that the bottom edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet above grade. • The banner signs must be consistent in appearance and ' e. The per it for the banner sign shall be valid for no more than one (1) ye r. However, the permit will be renewable if the banner sign are in good condition or are replaced with new banner signs. Awning signs 25% of awning su ce Top of first story -- Window signs 25% of window ea -- -- 3 sq. ft. per sig face Directional signs May be double-fa d for total -- -- area of 6 . ft. ~\ Drive-Through Only allowed in Zones where rive-through facilities are allowed Restaurant Menu Area: 1 sq. ft. -- for restaurants. Signs Time & 25 sq. ft er sign face. Permitted only in the CC-2 zone. ' Temperature May be double-faced for a -- Signs must not project more than 6 ft. into the public right-of- Signs total area of 50 sq. ft. way. PAGE 56-16 14-SB Sign Regulations Table 56-3: Sign Specifications and Provisions in the CH-1, CC-2, and CI-1 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Maximum diameter: 9 inches Barber Poles -- -- Maximum length: 3 ft Identification & Up o one of these signs is allowed per building. Integral signs 2 sq. ft. N permit is required. 0 e private flag may be displayed in conjunction with public Flags -- -- f gs. o permit is required. Quick Vehicle __ __ Allowed for Quick Vehicle Servicing Uses. Servicing Signs No permit is required. E. Sign Standards in ~(ie CB-2, CB-5 anc~ CB-10 Zones 1. All signs in the CB , CB-5 and CB- 0 Zones are subject to the standards specified in Table 5B-4. 2. The maximum sign ar a for each pe of sign, special provisions, and any restrictions on the number of signs Ilowed re specified in Table 5B-4. Unless specifically limited in Table 5B-4, any numb of si ns may be installed. 3. Signage for residential uses st comply with the requirements for residential uses in the RM zones as stated in Ta e 5B-1. Table 5B-4: Sign Specifications and Provisi ns i the CB-2, CB-5 and CB-10 Zones Permitted Signs Maximum Sign Area Maximu Height Provisions Facia signs 15% of sign wall area -- -- Canopy signs 12 sq. ft per sign Top of first sty -- Up tonne canopy roof sign is allowed per storefront. The bottom edge of the sign must be located no more than 4 inches above the canopy. Storefronts up to 39 ft. in or storefronts up to 39 ft. in length: length: 15 sq. ft. • Maximum height of copy: 13" Storefronts between 40 . Maximum thickness: 6" Canopy roof signs and 59 ft in length: Top of first story Forst efronts between 40 and 59 ft in length: sq. ft. Ma imum height of copy: 20" Storefronts >60 ft in Maxi um thickness: 8" length: 35 sq. ft. For storefron >60 ft in length: • Maximum eight of copy: 30" • Maximum th kness: 10" Only one monumen sign is allowed per lot or tract. When 2 or more uses relocated on a lot, a common 24 sq.ft. per gn face. monument sign may be ' stalled. A common monument Monument sign May be doubt faced fora 5 ft. sign may identify up to 4 es per sign face. total area 48 sq. ft. A monument sign is not allowed if the property has a freestanding sign, an entranceway sign, or a masonry wall sign. PAGE 5B-17 14-SB Sign Regulations Table 5B-4: Sign Specifications and Provisions in the CB-2, CB-5 and CB-10 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Awning signs are only allowed if the business does not Awning signs 25% of awning surface Top of first story have a projecting sign. Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. For signs located above or Sign co y may not extend beyond the edges of the across the top of the entran way structure. If an applicant finds that this entranceway arch, the stand rd is too restrictive, they may request review and area of the sign may not appr val from the Design Review Committee for an xceed 25% of the area alt native design. The Design Review Committee will delineated by the a rove, approve with conditions, or deny an application e tranceway arch. sed on whether the proposed alternative design is Entranceway Sign For a s n located on the 20 ft. a ro riate to and inte rated into the overall desi n of pp p g g side oft archwa ,the Y the entranceway. The Committee will consider such area of the ign may not factors as color, materials, size, and proportionality. exceed 33% o the surface area of the si of the Minimum clearance height is 10 feet for entranceway archway support which signs across driveways and 8 feet for entranceway signs the sign is locat across walkways. (See 14-5B-7 Measurement Standard An entranceway sign is not allowed if the property has a masonry wall sign, monument sign, or freestanding sign. Only allowed in the CB-2 Zone. Only one freestanding sign is allowed per lot. Allowed only through approval of a minor modification. Applicant must provide convincing evidence that the Two (2) square feet per existing configuration of the site and location of the Freestanding Sign lineal foot of lot frontage, 20 building or buildings on the site make it practically not to exceed 50 square difficult to install a monument sign and that other types of feet per sign face allowed signage would not be readily visible from the street due to the location of building(s) or other unique site characteristics. A freestanding sign is not allowed if the property has a monument sign, entranceway sign, or masonry wall sign. 1 sq. ft. per lineal foot of lot frontage, not to excee 50 sq. ft. 1 ft. less than the my one masonry wall sign is allowed per lot. Masonry Wall Sign height of the masonry not to exceed 12 wall A mas my wall sign is not allowed if the property has a In addition, the sign ay , feet monum t sign, entranceway sign or freestanding sign. not exceed 15% o the total area of the f ce of the masonry all. Window signs 25% of win w area -- -- PAGE 5B-18 14-SB Sign Regulations Table 56-4: Sign Specifications and Provisions in the CB-2, CB-5 and CB-10 Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Up to one projecting sign is allowed per storefront. Projecting signs are not permitted if the business has an awning sign, canopy sign or canopy roof sign. The sign ay not project more than 5 ft, from the building all. The sig may not be illuminated. Storefront projecting i 6 sq. ft. May b double-faced fora 12 ft. The si must be affixed to the building wall or to a pole so that the sign is that is ounted on the building gn s total rea of 12 sq. ft. , perp ndicular to the building wall. Th sign may not swing or be easily moved by wind. A usiness wishing to install a projecting sign must show oof of liability insurance. ign permits are be subject to Design Review according to the procedures specified in Chapter 8 of this Title. Up to one non-illuminated portable sign is allowed per storefront. The sign must be placed on private property or within a designated sidewalk cafe area. 6 sq. ft. per sign face. The sign may not block access to any doorway. Portable sign May be double-faced fora 6 ft The sign must be moved inside the business when the total area of 12 sq ft. business is closed. The sign must be weighted at the base to provide stability as approved by the Building Official or designee. A maximum of 2 sign faces are allowed per sign. Time & 25 sq. ft. per sign face. Signs must not project more than 6 ft. into the public Temperature signs May be double-faced for a -- right-of-way total area of 50 sq. ft. Maximum diameter: 9 inches Barber Poles -- Maximum length: 3 ft 3 sq. ft. per sign face Directional signs May be double-faced for -- -- total area of 6 sq: ft. Identification & U to one of these signs is allowed per building. Integral signs 2 sq' ft' No p rmit is required. One p 'vate flag may be displayed in conjunction with Flags - -- public fl s. No permit required. Quick Vehicle Allowed for uick Vehicle Servicing Uses. Servicing Signs No permit is r wired. F. Sign Standards in the Industrial and Research Park Zo es 1. All signs in the I-1 I-2, RDP, and ORP Zones are subject to the standards specified in Table 5B-5. 2. The total number of freestanding signs and monument signs n a lot or tract is limited as follow .Any combination of these types of signs is a owed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. PAGE 56-19 14-SB Sign Regulations b. For lots or tracts with frontage in excess of 160 feet of frontage along a single street, up to 2 such signs are permitted, provided the signs are located at least 150 feet apart as measured along the frontage. c. For lots or tracts with frontage along more tha one street, each frontage is '~Ilowed signs based on the formulas stated in ubparagraphs a. and b., above. 3. Mason wall signs and entranceway signs are li Ited according to the provisions specified ' Table 5B-5. 4. Other than r the types of signs listed in par raphs 2 and 3, above, any number of signs may be ' stalled, provided the maximu sign area for each type of sign is not exceeded and t provisions specified in T le 5B-5 are met. Table 5B-5: Sign Specifications d Provisions in the Ind trial and Research Park Zones Permitted Signs Maximum S n Area Ma mum fight Provisions Must not exceed 25% awning H ght: Top of Awning signs surface or 12 sq. ft. pe ign, first story __ whichever is less, Canopy Signs 12 sq. ft. per sign Height: Top of first story __ Facia signs 15% of sign wall area -- -- When 2 or more uses are located on a lot, a common sign may be installed. The maximum area of the 1 sq. ft. per lineal foot of lot fron ge, common sign may be 50% larger than the area of the Freestanding signs not to exceed 50 sq. ft. Heig : 25 ft. maximum individual sign allowed. May be double-faced for a tot of 100 The number of signs is limited according to paragraph sq. ft. G.2., above. Freestanding signs are limited to identification only. Up to 2 sq. ft. per lin al foot of lot en 2 or more uses are located on a lot, a common frontage, not to exc d~9 75 sq. ft. 5 ft. sig may be installed. The maximum area of the Monument signs per sig ace. com on sign may be 50% larger than the area of the May be double-fac d for a total area of maxim individual sign allowed. 15 sq. ft. Monume signs are limited to identification only. Up to 2 sq. .per lineal foot of lot At each entra eway, up to 2 masonry wall signs may be frontage, no o exceed 75 sq. ft. per established, if n freestanding, entranceway, monument sign face. 1 ft. less than or other non-buil ' g signs are located at that Masonry Wall Signs May be do le-faced for a total area of the height of entranceway. 150 sq. ft. the masonry In the ORP zone, ma my wall signs up to twelve (12) In addi ' n, the sign may not exceed wall feet in height may bee ablished in the required front 15% of he total area of the face of the setback provided the sig are located a minimum of masonry wall. twenty (20) feet back from treet right-of-way lines. PAGE 5B-20 14-SB Sign Regulations Table 5B-5: Sign Specifications and Provisions in the Industrial and Research Park Zones Permitted Signs Maximum Sign Area Maximum Height Provisions Up to one sign per facade of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. If an applicant finds that this For signs located above or across the standard is too restrictive, they may request review and top of the entranceway arch, the area approval fro the Design Review Committee for an of the sign may not exceed 25% of the alternative esign. The Design Review Committee will area delineated by the entranceway approve, pprove with conditions, or deny an application arch. based o whether the proposed alternative design is Entranceway Sign For a sign located on the side of the 20 ft appro late to and integrated into the overall design of archway, the area of the sign may not the tranceway. The Committee will consider such exceed 33 ° of the surface area of the fa ors as color, materials, size, and proportionality. side of the rchway support on which th sign is located. inimum clearance height is 10 feet for entranceway (See 14 B-7 Measurement signs across driveways and 8 feet for entranceway signs andards) across walkways. An entranceway sign is not allowed if the property has a masonry wall sign. Window signs 25% of windo area -- -- 3 sq. ft. per sign ce Directional signs May be double-faced for to I area of 6 -- -- sq. ft. Identification & Up to one of these signs is allowed per building. Integral signs 2 sq. ft. No permit is required. One private flag may be displayed in conjunction with Flags -- -- public flags. No permit is required. A. In addition to the signage pe following signs may be instal contained in Table 5B-6. Thy specified in Section 8, exc~jl ~iitted in each z ne, as described in Section 8, above, the 'd in any zone ac rding to the specifications and provisions ,e signs shall not b applied toward the maximum sign area as otherwise indicat in the Table 5B-6. B. Banners are not permittQfJ, except as allowed for Sp cial Event Signs and Going Out of Business Signs, as spe led in Table 56-6. Table 56-6: Sign Specific ions and Provisions for Non-Permanent, Off- remise, and Other Special Signs Permitted Signs Maxi um Sign Area Maximum Height Provisions No permit requi tl. In Residential Zones: Must not be illumi fed. Area: 32 sq. ft. per face 5 ft Must be removed pri r to issuance of the certificate of Construction signs May be double faced fora In Non-Residential occupancy. total of 64 sq. ft. Zones: 10 ft. Can be located closer than 5 ft to a property line if located on the wall of a building, fence or protective barricade surrounding the construction. PAGE 56-21 14-SB Sign Regulations Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions No permit is required. One non-illuminated monument sign per development of 2 Real Estate 32 sq. ft. per face 10 ft acres or more Shall be removed upon sale or lease of 50% of lots or units Development May be double faced fora in the development. signs total of 64 sq. ft. These signs shall not be considered off-premises signs, provided they are located on land that is part of the subject subdivision or development. No per it is required. One n-illuminated sign is permitted per principal building that ' for sale, rent, or lease. In Residential nes: 4 sq. ft.; 0 allowed as a temporary sign located in the yard or in May be double-fa ed fora In Residential Zones: t window. Sign cannot be affixed to buildings, fences, flag Real Estate signs total area of 8 sq. 5 ft oles or other permanent structures. In Non-residential Zo s: 32 In Non-Residential Must be removed within 48 hours after the property, sq. ft.; May be double-f ed Zones: 10 ft. building, or unit within a building for which the sign is for a total area of 64 sq. intended is sold, rented, leased or withdrawn from the market. For residential rental properties, real estate signs may be displayed no more than 4 months prior to the commencement of the leasing period. No permit is required. Signs in windows -- Posters and other non-permanent signs in windows are allowed. One non-illuminated sign per lot is allowed. Special events sign restricted to 4 times in 12 month period Special Events 100 sq. ft. -- and single duration of 30 days May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Must not be illuminated. May be displayed for up to 60 days; Going-Out-of- 100 sq. ft. -- Restricted to once in a 12-month period for single business. Business signs ay include banners, but not any sign prohibited by Section f this Article, Prohibited Signs. Temporary signs 12 sq. ft. pe ace No pe it is required. (other than real May be double-f ced for total Height: 10 ft One no illuminated sign per lot is allowed. estate signs) of 24 q. ft. Signs sha not be displayed for more than 60 days. In ID and R sidential Zones: In ID and Residential 32 sq. ft. p sign face; May be Zones: 5 ft In ID and in Re 'dential Zones, one monument sign is double-f ed for a total of 64 In all other Zones: allowed at each reet entrance to a subdivision or housing Development sq• ft• Not to exceed the development. signs In other Zones: Not to maximum height for In all other Zones, o e freestanding or monument sign is e eed the maximum sign the subject sign type allowed at each street entrance to a subdivision or housing ea for the subject sign type as specified in the development. as specified in the applicable applicable zone. zone. PAGE 5B-22 14-SB Sign Regulations Table 5B-6: Sign Specifications and Provisions for Non-Permanent, Off-Premise, and Other Special Signs Permitted Signs Maximum Sign Area Maximum Height Provisions Off-Premises signs are not permitted in Residential, CO-1, CN-1, CB-5, CB-10, ORP and RDP Zones. May take the form of any type of sign allowed in the zone in Not to exceed the maximum which the sign is located and must comply with all other sign area for the subject sign provisions specified for the subject zone. type as specified in the Not to exceed the Only one off-premises sign is allowed per lot or tract. applicable zone and will be maximum sign height Two or more uses may install a common off-premises Billboards and deducted from the maximum for the subject sign dir tional sign. 0 er Off- ' sign allowance for the subject type as specified in No o -premises sign shall be located within 300 ft. of ses Signs Pre ro ert P P Y• the a licable zone. PP ano ernff-premises sign. N off-premises sign shall be located within 120 ft. of a Billboards: 72 sq. ft. May be Billboards: 25 ft esidential Zone, Parks and Open Space Use, Educational double-faced for a total area of acility, Religious/Private Group Assembly Use, public 144 sq. ft. museum or government administrative or judicial office. Billboard signs shall not apply toward maximum sign allowance for the lot or tract. A. Purpose In order to promote the h alth, safety d general welfare of the population, no privately- owned signs shall be place on or ove a public place, as defined in Article 14-9C, except as permitted by the City Code. B. Removal Existing privately-owned signs curr tly located on or over a public place that are not in compliance with the City Code sh II eliminated and removed. If the sign owner fails to remove the sign after so ordere by th City, the City may remove the sign and assess the costs against the sign owner. C. Special Provisions 1. Signs associated with rades, marches, blic entertainment, public demonstrations, or the commercial us of sidewalks that are ocated on or over a public place are subject to the provisi ns of Title 10, Chapters , 2, and 3 of the City Code. Any signs located on or over t e City Plaza are subject to a provisions of Title 10, Chapter 5 of the City Code. 2. The City Manager or designee may approve and exec to applications on the City's behalf for the pl cement of privately-owned signs on or ver a public place upon finding that the signs: a. Provide i formation and guidance to locations of general public interest; and b. Will no create a hazard to movement along or within a public place, restrict acces to a public place, or interfere with the convenience and tranquility of the are adjacent to a public place. b Marian Karr From: mwmk@mchsi.com Sent: Monday, October 06, 2008 11:44 AM To: Marian Karr Subject: FW: Re: Fw: Monday Sign Ordinance Meeting on Monday, October 6th Original Message: From: George Wagner goosetownrentals@gmail.com Date: Mon, 6 Oct 2008 10:25:34 -0500 To: mwmkC~mchsi.com, northsidec~mchsi.com Subject: Re: Fw: Monday Sign Ordinance Meeting on Monday, October 6th > NNA, Michael... As a resident and rental property owner in the NNA, and one who has .been "...dedicated to maintaining and improving the quality of life in the Northside"... I find the NNA sign ordinance email below basically mean spirited, not representative of all those who contribute to the neighborhood, and divisive in way that is not productive. For the record, I have emailed the city council against banning .COM signs - though am in favor of aesthetic regulation. Let's try to put forth solutions - not base factional negativity - in order to continue are common community interests. Thank you. George Wagner > To: northside@mchsi.com > Subject: Monday Sign Ordinance Meeting on Monday, October 6th > From: northside@mchsi.com > Date: Fri, 3 Oct 2008 21:29:08 -0500 > On Monday October 6th the City Council will have the hearing for the > proposed sign clarifications. We need people present one last time to > support the clarification of the zoning code to clean up the permanent "For > Rent" signs that are attached to buildings in our neighborhood. This issue > should occur fairly early in the Council meeting, and if we could have some > articulate representatives--and angry Northsiders bearing torches--all > the better. Doubtless the Opposition will make an appearance, > speaking in Palinesque language about the joys of visual clutter and > how one person's vision of untrammeled non-enforcement is another > person's...well, we'll have > to get back to you on that. ~O :..J Marian Karr From: Judy Sivertsen [JSIVERTS@icpl.org] Sent: Monday, October 06, 2008 1:14 PM To: Council Subject: Rental Sign/Billboard/Advertising City Council members: I can remember feeling appalled and violated when a red metal sign was attached to the house south of me on Governor. The sign was advertising that it was a rental house managed by a particular rental agency. It also had a phone number attempting to drum up more business. That same morning, on the way to work, I noticed the house on the NE corner of Burlington & Governor with two red signs attached. I called Housing and complained. One sign was removed but the other one remained as did the one on the house south of me. It is sad enough that so many lovely old homes in Iowa City have been divided up, neglected, and used as rentals. It is bad enough to see their decay but allowing signs attached to such buildings only seems to encourage such a trend. Please make an amendment that will stop the use of advertising signs in residential areas. Most cities have rules monitoring signs and their locations in the downtown area because signs can be a eyesore. Why should we have any at all in our neighborhoods? Sincerely, Judy Sivertsen 1 k; Marian Karr From: Jean Walker [walkersic@yahoo.com] Sent: Monday, October 06, 2008 1:15 PM To: Council Cc: walkersic@yahoo.com Subject: Rental Property Signage Dear Council Members: I would very much appreciate if the Council approved the Signage amendment to stop the invasion of rental property Signage in residential neighborhoods. The proliferation of such Signage in residential neighborhoods makes for unsightliness in all neighborhoods, including those that have been designated as historic. Thanks, Jean Walker 335 Lucon Drive 1 Page 1 of 1 r Marian Karr From: Karen Howard Sent: Monday, October 06, 2008 2:51 PM To: Marian Karr Subject: FW: Proposed sign ordinance I received this message today regarding the proposed amendments to the sign ordinance. Please forward it to the City Council. From: Jane & Walter Kopsa [mailto:happykay@earthlink.net] Sent: Monday, October 06,.2008 2:01 PM To: Karen Howard Subject: Proposed sign ordinance City Council, My wife and I own some smaller rental properties in Iowa City. We often use temporary yard signs to advertise vacancies. The proposed ordinance would prohibit the use of these signs until four months prior to the beginning of the lease period. Most landlords try to ascertain if existing tenants plan to renew when the second semester begins in mid January. Some insist on an answer as early as the beginning of February. Most units in neighborhoods popular with students that will be available august 1 are being advertised by mid January or early February. By April 1St, many of these units will have been rented. When I use a yard sign it goes up when I know a unit will be available and comes down when it has been rented. This is a very inexpensive and affective way of advertising. If this ordinance passes with this clause intact these yard signs will become useless. This puts a smaller operator without a large ad budget and a website at a distinct disadvantage. These signs also are very useful to prospective tenants, many of whom are interested in particular neighborhoods and types of housing. It allows them to identify possible housing while walking or driving through particular neighborhoods. Sincerely, Walter Kopsa, 130 Ashwood, Iowa City, Iowa 52245, 338- 0870 10/6/2008 ~~ Marian Karr From: Jones [cecildonkey@yahoo.com] Sent: Monday, October 06, 2008 3:09 PM To: Council Subject: signage amendment Dear Council Members: I would very much appreciate if the Council approved the signage amendment to stop the invasion of rental property signage in residential neighborhoods. The proliferation of such signage in residential neighborhoods makes for unsightliness in all neighborhoods, including those that have been designated as historic. Thank you, Julie Jones 4 Melrose Circle Iowa City, IA 354-3225 Sign Type Maximum Sign Area Maximum Height Provisions Allowed only in the CB-2 Zone Allowed only through approval of a minor modification. Applicant must provide convincing evidence that the existing configuration of the site and location of the Two (2) square feet per building or buildings on the site make it practically Freestanding Sign lineal foot of lot frontage, 20 ft. difficult to install a monument sign and that other types of not to exceed 40 square allowed signage would not be readily visible from the feet per sign face street due to the location of building(s) or other unique site characteristics. Only one freestanding sign is allowed per lot. A freestanding sign is not allowed if the property has a monument sign, entranceway sign, or masonry wall sign. i o ~f ~~ r.. r F .... . _ .-.,.,.e..... _ x....~ ~;° - = 4~F~ .:._ ,,~ , a~~~ ~, ~~ ~ ~~ _ ~ .. ,~~ 'r: ' ~ ~ ..e w~ ~" ~' i yti~ ~ ', ,~ ~ "'"'~ ~ ~r~ ~ fif .`~~ ~-~ ~~, ~~~ ~"~ ~ ' ~ - ~ yam, w ±.~. I. ,~ r~ ~'t ^`~- _ ~, ~. ;. -N _ _ '~ "s,r,~s I -.. a" t ~~~ f ~aa L:f ~' ~~ ~ ~~ r w ~~ i~~d~ -~r,,. .. F ~ ~ ip~~~o- ~p ~~, ~~ ,y,,, x ~~ -. .zc°---: y~ ~~ ~ . 9 I ~ ~' ~ 6 ~ '~ _. - - ~v t 1 ~ ~~.. k. R k _ ~~~a ~P 6 == __ ~~ ~~ , ~~1~~~ ~~ ~~ -~''~~ w u,, .' S,~,.~r~t ~ „~~, ,_~ ~ . ~I .6 . ,~. A ---~ ~o', ~ ! ,. ~~ ~~ - ..,~ III I i I~ ~~1~~~ ---, -~ -_~ i •~ ~ _«--t l~ , ~ ~ . • } ir~.~ _y ~~r ~ j s X r ~` n"d',,r ~~ ~~ 1-~~ www ~'~ lJoflF~~u~~~, y Rein#als ", , ~, 1 `z ,I 16 y~.~~~~^lV ~I, ~~ ~a ~~" ~ , ,~,.' ,~~, Xli'"ti~ I,~ ~ ~~ , ~ ~ l4 ~4 IX l f '~ ~~ r X ~ a_ r ~ ~~~ d ;, ~ k ~ w ~ ",~'" g'. -~rIX1 ~Xe al lXj ~# f ~ Z ~4~5; f:t4 ~, , ~~~;rcae.. .., ,. ,. ._ ± .l ,X ~ (r . rf s~ 3 ia, ,~ , o .".X/.'~. =w"4 ~ ~~i y¢ ,; '~ k~Y r ~FI } "J y `1A~'~ ~R'n y~ d 4+y [ l~' {- i ~ ,~.~ s - --°-- - DODGE HOUSE FOR UPPERCLASSMEN AND GRADUATE STUDENTS 21 N. DODGE STREET ROOMS STARTING AT $425/MO. L,~R~E PRGVATE RC)~~v1S, 2 SH~REQ ~~tv~N1C~N5 ~~E~,S, 4 FL~.~~'~S ~E 'LI~'I~dG SRA~E, ~ FULtl- KIT~HE'NS, ~ FULL BATHS, A,LL UTILITIES P~4Q, PARKIP~G ~'W~ILABLE 9~TERNET/CABLE/PHG~IE,~'F ~G~CN'ECTi~"ITY III EACH RGGa G~-S9TE L~A.Uh~DR~" FACILITIES PRESTIGE PGPERTIES, LLC. ins{uir~r~~~~st~~r~~~e~r~~~.r.~,rn ~~~. ~r~s~i~~rar~1 PRFST~GF ,~-~1'Y 6c Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3.87 ACRES OF PROPERTY LOCATED SOUTH OF DODGE STREET AND WEST OF SCOTT BOULEVARD, FROM RESEARCH DEVELOPMENT PARK (RDP) TO COMMERCIAL OFFICE (CO-1 ). (REZ08-00008) WHEREAS, the applicant, the University of Iowa Community Credit Union, has requested a rezoning of property located south of Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to Commercial Office (CO-1); and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that this parcel is appropriate for uses consistent with the CO-1 zone; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for an attractive Dodge Street entranceway, neighborhood compatibility, and traffic safety; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Research Development Park (RDP) to Commercial Office (CO-1): Lot 2, Press Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. SECTION II. ZONING MAP. The building official 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 publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. Ordinance No. Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20, MAYOR ATTEST: CITY CLERK Ap oved by City Attorney's Office q~y~v ~ Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration l0 Vote for passage: -Nays: None. Second Consideration Vote for passage: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance /6/2008 Ayes; Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. Absent: None. Date published Prepared by: Christina Kuecker, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5243 (REZ08-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and The University of Iowa Community Credit Union (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 3.87 acres of property located south of Dodge Street and west of Scott Boulevard; and WHEREAS, the Owner has requested the rezoning of said property from Research Development Park (RDP) to Commercial Office (CO-1); and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning subject to conditions related to ensuring that the property develops in a manner that enhances the aesthetics of the Dodge Street entranceway into Iowa City, is compatible with the nearby residential neighborhoods, and addresses traffic circulation issues; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for an attractive Dodge Street entranceway, neighborhood compatibility, and traffic safety; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: Lot 2, Press Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. 2. The parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested rezoning. 3. In consideration of the City's rezoning the subject property, the Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Concept Plan dated July 21, 2008, attached and incorporated herein, with regard to the location of the building and parking lot. Any substantial deviation from the Concept Plan regarding building and parking placement shall require approval by the Planning and Zoning Commission. All other changes shall be approved by City Staff. b. The vehicular access point shall be located as shown on the attached Concept Plan. c. Owner shall install and maintain landscaping to the S2 Standard, as described in Iowa City Code of Ordinances 14-5F-6, as amended, along the length of the Dodge Street frontage. d. The Dodge Street building elevations shall demonstrate appropriate articulation and fenestration suitable for this important entranceway into Iowa City, which shall include the use of a brick veneer with limestone base, sills, and banding to break up the facade and windows on at least 30% of the facade. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this `~ day of ,s~~i'?~~~z , 20 ~~ OWNER UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Richard J. oble Senior Vice-President CITY OF IOWA CITY By 2 Regenia D. Bailey, Mayor By Marian K. Karr, City Clerk Approved by: lN,cc w City Attorney's Office 9/s/d g~ OWNER'S ACKNOWLEDGEMENT State of --k' u'«-- ,County of ~o ~n.Son ss: This instrument was acknowledged before me on the 9~ day of ~-~ ~~~'~-~~~~, 2008 by Richard J. Noble, as Senior Vice-President of University of Iowa Community Credit Union. Notary Public in and for the State of Iowa My commission expires: ',~. ~ ~%u -rurr~E . ~ ;~ .amber 221819 ~'~ ~ ..~~ Expires CITY OF IOWA CITY ACKNOWLEDGEMENT: ~__ '~~ ~-~~~1 ~--~--- State of Iowa, County of Johnson, ss: On this day of 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey and Marian •K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 3 :' o '*a"~ ;- ,y?\. -`=J~ ~. .,- .,__. -~ -, ~. ' ,r ~ ~ t _ ~ ,r1 1 i N U b ~ ~`,~ \'~ ': ~ . \ _, 1 ~ ~. [~ ~'+ _--- V ~ ~ Z ~ ~ U ~ a II ~ ,, ~ `~', z , M ~ ~ `1 o ~ ~ ~ N ~ II II O c8~ ~,~ ~~ ~ M cD ~ J c7 ^ ~ ~ 1~~ M II ~ o ~ ~ ~ II II ~ N ~ Q ~ N~~~ritn ZUN II Z oo,n~O,n wawz~ N~~ ~~ W~ Q O O wcDaw~M a~C7N=v=i a a o z <n O~~O~n II QYpcnw N w N N+ X w Q Y U Q w~UQC7~ C7aQacan ~p~~~N Y@1oZZ ~% H ~ Q O ~N ~Ll-~QU i a. O~~OmO~ O~ac~i~~~ U ~ ~ J ~ ~ i ~ ~ ~ i ,• p ~ i,• Q ~; N ~ 6t'. M dF d N I ~ ~ T Q STAFF REPORT To: Planning & Zoning Commission Prepared by: Christina Kuecker, Associate Planner Item: REZ08-0008 Date: August 21, 2008 GENERAL INFORMATION: Applicant: University of Iowa Community Credit Union 825 Mormon Trek Boulevard Iowa City, IA 52246 Contact Person: Dick Noble Phone: (319)339-1000 Requested Action: Rezoning from RDP (Research Development Park) to CO-1 (Commercial Office) Purpose: To allow for the construction of corporate office building and branch bank facility for University of Iowa Community Credit Union Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: South of Dodge Street and west of Scott Boulevard 3.87 acres RDP (Research Development Park North: OPD-5 South: OPD-5 East: P1 and RS-5 West: RDP July 31, 2008 September 14, 2008 The applicant, University of Iowa Community Credit Union, is requesting a rezoning from Research Development Park (RDP) to Commercial Office (CO-1) for an approximately 3.87 acre property located at the south corner of Dodge Street and Scott Boulevard. In 1988, the property was zoned to RDP to allow the Iowa City Press Citizen to be built in the area to the south. The University of Iowa Community Credit Union (UICCU) intends to build a corporate office building that houses the administrative headquarters and a branch bank facility with adrive-up teller. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. 2 ANALYSIS: The applicant has submitted a concept plan of the proposed development that illustrates the proposed location of the bank building, the parking lot, drive-through facility, and landscaping (see attached). On the concept plan, the bank building is located close to the intersection of Dodge Street and Scott Boulevard, which screens views of the parking lot from Dodge Street, a major entranceway into Iowa City. There is no direct driveway access to Dodge Street. Access to the parking lot and drive-through is from a driveway off of Scott Boulevard located approximately 350 feet from the intersection. Current Zoning: The Research Development Part Zone (RDP) provides areas for the development of office, research, production or assembly firms and other complementary uses. General office commercial uses (financial businesses and back office banking facilities) are permitted in the RDP zone, but personal service-oriented retail uses (retail banking establishments) are not allowed. Drive-through facilities are also not allowed in the RDP zone Proposed Zoning: The Commercial Office Zone (CO-1) provides specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. Personal service-oriented retail and general office uses are both permitted in the CO-1 zone. Drive-through facilities for financial institutions are allowed by special exception, to be approved by the Board of Adjustment. Comprehensive Plan: The Comprehensive Plan emphasizes the need to preserve the natural beauty of the Dodge Street entrance into Iowa City. The North District Plan and the Northeast District Plan both briefly mention the area. Both plans note that there are two major employers in this area, the Press Citizen and ACT. The North District Plan identifies Dodge Street as a main entranceway corridor into Iowa City. Maintaining and enhancing the appearance of the entranceway is recommended. Views of wooded ravines and well-landscaped office park developments have been identified as positive features of the area. The Northeast District Plan has a section that discusses environmental features in the area. The Plan encourages "development that occurs with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space." Staff finds that the proposed concept plan addresses the appearance of the development as it relates to the Dodge Street entranceway. Locating the building close to the street intersection will present a more attractive streetscape than a view of a parking lot and drive-through, particularly if the building is designed with window openings and other facade detailing to avoid blank walls along the street. In addition, if the site is attractively landscaped with the parking lot set back and screened from view of neighboring residential properties, the development should blend well into its surroundings and be an attractive feature in this important entranceway into Iowa City. Neighborhood Compatibility and Future Development in the Area: The immediately surrounding areas include residential neighborhoods, the Iowa City Press Citizen facility, and some public land. The CO-1 zone is as a low intensity commercial zone that is appropriate as a transition zone between more intense commercial or industrial areas and residential neighborhoods. If built as shown on the concept plan, the landscaping and existing steep terrain will buffer the proposed development from the surrounding properties. Between the parking lot and the residential neighborhood to the south approximately 150 feet of land is shown that includes a ravine and significant vegetation. In addition, the parking lot will have to be screened 3 with the highest level of screening, S3 The residential area to the north across Dodge Street is a set of five townhouses. The proposed bank will be visible from these homes. However, if the land is developed as shown on the enclosed concept plan, the effect should be minimal. The building will be located at the corner of the lot along Dodge Street, which should block views of the parking lot and drive- through facility and associated commercial activity from these neighbors. Staff recommends significant landscaping along Dodge Street in order to help blend the proposed development into the surrounding landscape. However due to the prominent nature of the building along Dodge Street, Staff believes that appropriate articulation and fenestration of the Dodge Street elevation will help the building be an appealing element in an entranceway into Iowa City. There is currently some undeveloped land adjacent to this property. The first is the area northeast of the subject property, across Scott Boulevard. This is the future location of a new fire station. Directly across Scott Boulevard to the east is a parcel of land zoned Low Density Single Family Residential (RS-5), which has potential to be further developed in the future. However, it may not develop as a single family neighborhood. The Comprehensive Plan has designated the area as appropriate for Office Research Park zoning. In Staff's opinion, the proposed administrative offices and back office functions proposed are similar to what is currently allowed in the RDP zone. However, the branch bank and drive- through will generate higher levels of traffic than would the office and employment uses more typical of an office park. Staff finds that the proposed site plan effectively locates the driveway access point, the parking lot and drive-through facility to accommodate the higher level of traffic generated by the retail functions of the proposed facility. Staff believes this location is appropriate for a bank facility and is compatible with the surrounding neighborhoods. In the CO-1 zone, building heights are limited to a height of 25 feet instead of 45 feet allowed in the RDP zone. The location and mass of the building, combined with the proposed landscaping could provide an appealing entranceway feature into Iowa City along Dodge Street, provided the building presents an attractive face toward the street rather than blank walls. Environmentally Sensitive Areas: This property contains some steep, critical, and protected slopes. The protected slopes will be buffered and left undisturbed. Approximately 26% of the critical slopes and 35% of the steep slopes will be disturbed by the new construction. Since the disturbance to critical slopes is less than 35%, the proposed development will require a Level 1 Sensitive Areas Review, which an administrative review by staff. Traffic and Pedestrian Facilities: Highway 1/Dodge Street has recently been reconstructed to provide a more functional entrance into Iowa City, which includes sidewalks on both sides of Dodge Street and Scott Boulevard. The corner of Dodge Street and Scott Boulevard is a busy Iowa City intersection. Because of the amount of traffic at this intersection the location of the access point to this property should be carefully considered. According to the concept plan, access to the parking lot and drive- through will be located on Scott Boulevard approximately 350 feet from the intersection. This should be an adequate distance to prevent conflicts between traffic turning into this development and traffic stacking at the intersection. Staff recommends that the location of this access point be a condition of approval. A traffic volume count conducted in 2006 shows that there are 9,100 daily trips on Dodge Street and 10,200 daily trips on Scott Boulevard. The capacity of a two-lane arterial with a turn lane such as Dodge Street and Scott Boulevard is approximately 14,000 trips per day. Since there is 4 considerable capacity currently available, uses allowed in a CO-1 zone would not generate enough additional traffic to cause congestion along these roadways. Summary: The Northeast District Plan and the North District Plan, elements of the Comprehensive Plan, recognize the importance of Dodge Street as a main entranceway into Iowa City. The Plans also note the environmentally sensitive areas of the subject parcel. At the time of the rezoning for the Iowa City Press Citizen to RDP, concern was expressed for the protection of the entranceway and the steep slopes. The CO-1 zone is an appropriate zone between residential and more intense land uses. The important issues in this rezoning include: • Dodge Street as a major entranceway into Iowa City. This has been addressed in the provided concept plan by the installation of landscaping and locating the building near the corner, keeping the parking away from Dodge Street and the neighboring residential. Staff has asked the applicant to provide drawings of the Dodge Street elevation in order to ensure the building is appropriate in Iowa City's prominent entranceway. The applicant has indicated that elevation drawings will be available prior to the meeting on August 21. • Compatibility with the surrounding areas. According to the provided concept plan, the proposed development will blend into the surrounding areas by providing landscaped screening and by locating the building at the corner of the Dodge Street and Scott Boulevard. The S3 screening will buffer any surrounding residential areas from the parking lot and the commercial activity associated with the drive-through. • Vehicular access. The access point to the bank should be located a sufficient distance from the intersection of Dodge Street and Scott Boulevard to allow for safe traffic movement. Staff recommends that the access point, as shown on the concept plan, be included as a condition of approval. • Steep, critical, and protected slopes. The location of the building and parking shown in the concept plan appears to leave the most sensitive slopes undisturbed. A Level 1 Sensitive Areas Review will be required prior to development. Staff recommends a conditional zoning agreement that addresses these issues. STAFF RECOMMENDATION: Staff recommends that REZ08-00008, an application submitted by the University of Iowa Community Credit Union for a rezoning from Research Development Park (RDP) zone to Commercial Office (CO-1) zone for approximately 3.87 acres of property at the south corner of Dodge Street and Scott Boulevard, be approved subject to a conditional zoning agreement that includes: • A requirement for substantial compliance with the concept plan as submitted; • A requirement for the access point to be located as shown in the concept plan; • A detailed landscape plan for the site that complies with the screening requirements and with additional landscaping provided along the Dodge Street frontage; and • Building elevations demonstrating appropriate articulation and fenestration of the Dodge Street elevation suitable for this important entranceway into Iowa City. ATTACHMENTS: 1. 2. 3. 4. Location Map Aerial Photograph Concept F~ Applicant': Approved by: Karen Howard, Associate Planner. i \ r /' \\`.. ~ v, ~,v Z S -o<<--~- ; ~ , ! -- ,~ ~~ 5'f~` ~~~ ~, '" _ ~ , 01~0~, ~' '~ a ~/ i ~- ~ j' ~ . ~~,~~~ ~ ~ ~ A i ~~ ~~ C~70~ v' ~ ~~ ~~, - C° ~ ' ~ C9 \\ • o .~ - -- ~ - co v v v ~;. ~~,; ~ ~. \ ~- ~ ~~ ~ ~ v .~ ~ \ Q ~~/~~ 1\ ~! Y W \ \ 1 Q \ \ \ \ ~ I ~ ~ f `gip-~. i/ l LL Cn 1 \ ~ 1 \ ~ ~ \ \ e ~ \ ~ ~ i ,~ ~ \. O T ~ ~ O ~'. ~~ _---~v ~~ l~ ~ - ~ y - i ~~~ v v ~ ,~ ~ m W Z I~ i ~ i ~ v ~ ~ J v ~ „ , ~ v ~ _ i W W ~ i i i i, l _ ~ ~ / ~ O ,~ ~ ~ ~ vv~ ~ \ ,' a 1 _ .1 ~ \ \ 1\ ` - ~ 1 \ 1 1~ -__ 1 1 X111 1 \ ~~ W \ 1 M ~ 1 ~ 6 ~\ \ ~ ~~ /, ~ 1 \ _ _ _ O 1 _- / \ ~ ~ ~ ss ~ ~ ~ ~ ~ ' ~- ~ ~ ,, ~ , ~ ,. \ \ ~ \ ~~v ~~ i ~~ ~ ~ ~ v ~ Q ~ s ' ~ ~ 7 ~ `~, , o ~ ~~ ~ U - ~ ~ ~ ~. ~ ~ `, ~ o ~ o II ~ ~ ~ T z_ ` ~ f ~ / /. \ 5 T 1 1 C 11 \1 ~ ~ / I I 1 ~ J ~ O r c~7 01 1 \ 1 / \ \ ~ ~ cn W ~ II T II ~ \ ~ i - d ~o ~i~ zUcn II Z \\ \~ ~ ~ / -- O_'~ O~ WQaWZ~ \ \ ~~ iw \ W^ W p~ W Z~~~ v ~y ~/ i \ \. ~~ ~ + M ~~ z W () / W 1 1 Q~^ Z J z a Q d UJ / ;H ~ ~ ~ x a ~ - ~al~- HcNO QCJ~YY i ~ ,\\\ vo ^ OT O~~cni ._- ~\ J ~ J LL ~ ~ N\~ \i ~ i i ~ ® 'E O ~ / ~ l,k ~1 d J Y / -----_-~ ,I UF- ~ ~ 1/ oo CJ p i -- - O -' ~, E+ i N ~ / ______ _-___ _ ~ ~ N ~ ~11\ ~~~~FF~~ -!~L 31 PPi (~: 03 TOTALS: Steep 20,283 SQ. FT. Critical 56,256 SQ. FT. PERCENTAGE DISTURBED BY NEW CONSTRUCTION: Steep 7,213 SQ. FT. (35%) Critical 14,617 SQ. FT. (26%) APPLICANT'S STATEMENT The University of Iowa Community Credit Union (UICCU) intends to build a corporate office building at the corner of Scott Boulevard and Dodge St. The building will be their administrative headquarters, but will also include a branch bank facility with adrive-up teller. The rezoning to CO-1 is required to allow by special exception the drive - up facility. The property is presently zoned RDP and located on the Dodge Street entranceway to Iowa City. The City's Comprehensive Plan has been to preserve the natural beauty of the Dodge St. entranceway. This is one of the UICCU goals as well. All of UICCU facilities are professionally landscaped and beautifully maintained. ~ r ~ The building will respond architecturally to its surroundings an~4 ~~e;,, ~~ r ~ _.~ ~ vision of Dodge Street as a green entranceway to the city. Theic~v- ~„ pitched roof with wide over-hangs will reflect the gentle hills o~e topography. Natural materials of brick and stone will anchor the building to the site. The building's orientation will place the office areas along Dodge Street to screen the central entrance, drive-up teller, and parking from view. Monument signs, rather than a large over-head freestanding sign, will quietly and unobtrusively mark the commercial aspect of the property. The landscape will contribute to the screening of the building and parking lot while also improving the beauty of the existing site. There will be trees along both street facades and the building will seem to emerge from between them. The Credit Union will provide important services to the surrounding residents while its landscaping and attention to its surroundings will enhance the gateway to the city. STAFF RECOMMENDATION: Staff recommends that REZ08-00008, an application submitted by the University of Iowa Community Credit Union for a rezoning from Research Development Park (RDP) zone to Commercial Office (CO-1) zone for approximately 3.87 acres of property at the south corner of Dodge Street and Scott Boulevard, be approved subject to a conditional zoning agreement that includes: • A requirement for substantial compliance with the concept plan as submitted. Substantial compliance is in regard to the location of the building on Dodge Street and no parking being located between Dodge Street and the building. Any significant deviation from the concept plan regarding building and parking placement requires approval by the Planning and Zoning Commission; • A requirement for the access point to be located as shown in the concept plan; • Additional landscaping to the S2 Standard provided along the Dodge Street frontage; and • Building elevations demonstrating appropriate articulation and fenestration of the Dodge Street elevation suitable for this important entranceway into Iowa City, such as the building having a brick veneer with limestone base, sills, and banding to break up the facade and windows on at least 30% of the facade. Date: August 21, 2008 To Iowa City Planning and Zoning Commission From: John Yapp, Transportation Planner 7~~~- JCCOG m e m o Re: Proposed credit union at the intersection of Scott Blvd and Dubuque Rd Associate Planner Kuecker let me know the Commission had some questions about potential traffic issues at the intersection of Scott Blvd and Dubuque Rd due to the proposed credit union on the west side of the intersection. Our most recent traffic count for this segment of Scott Blvd is an average 10,200 vehicles per day, well within capacity for the corridor. This segment of Scott Blvd carries a significant amount of peak traffic due to the ACT campus; the southbound left turn and northbound right turn lanes are designed to facilitate traffic into the ACT campus with minimal disruption to through traffic. JCCOG Transportation Planning Division staff measured sight distance at this location when the rezoning of this property was first proposed and found that sight distance was adequate. We recommend the access point be located opposite Dubuque Rd for optimal visibility of vehicles entering the intersection in all directions. This segment of Scott Blvd is most congested during the AM peak, due to a combination of inbound ACT employees and other commuter traffic. Credit Union employees will add to the overall level of traffic at the intersection however they will not be using the same lanes as ACT employees. , It is my understanding there was discussion of the need for a southbound right turn lane into the credit union site. Right turns are a free movement, because vehicles do not have to wait for a gap in traffic. Justification for a right turn lane is a function of both traffic speed, traffic volume and the percentage of right turning vehicles; higher-speed corridors such as rural highways are more likely to warrant right turn lanes due to the speed differential between turning vehicles and through vehicles. This segment of Scott Blvd has relatively low traffic speeds to warrant a separate right turn lane for the credit union property. Traffic engineering guidance is that between 15-20% of southbound vehicles should be turning right for a right turn lane to be warranted for traffic speeds in the range of 30-35 MPH. Given the size of the property proposed for commercial office, this will not be the case. Typically a greater concern is left-turning traffic. Northbound Scott Blvd widens to two lanes at this location; the inside northbound lane will function as a left turn & through lane. It is likely that some northbound vehicles will use the outside right turn lane to drive around a stopped left turning vehicle, similar to other locations where motorists are turning left into a commercial property on a four-lane street. In summary, any additional development will alter traffic patterns. The relatively modest amount of peak hour traffic produced by commercial office land uses do not lead us to conclude additional turn lanes are warranted. Transportation Division staff will continue to monitor the intersection to determine if additional traffic control such as a traffic signal is warranted in the future. r < <'i r~~ i Pal 13~ p~ ~I~fk1R~i~4?~~[;FE=21,~~3F `x _.k ~ ~ -. , . , ~~_~JC' ~~ FT,+FL f557`JTF-! VYIr~IGi + S,t~S •5~' ~TJFL fN•~RTI°I bVl`d°31 = . " ~,: ~ e° i'Y, I+~FS 1" 2r5 SF.r~I ?~ ~ = L':~,7E#5 SO F ~ {~ PAR:~Ihti~ :~EOUI~E~~~EPlT: ,y~~ ~ - _ ' . _ r _ _ ,` ~~~..- ,~- pp 33,75 SP GFFIG~ `~ 1 PliR~:IN a SF'r+CE''~CO:~f-' I'a __ ~ ~ ~ k ' '- R:=;'~:~IFiE } P,~RKIhJG .~,°P,~,C„a ~ 11 ~ ., ~ _~y ! _ ... __ . ~k, f l --... - - '- -,~ - ~- ,. .. - ~°_~. ``ik. PA.~k!hd,.~ ;:~'.+tC~S'~,HGY~u'N = 113 ~ - __ - - _ - ~~ m _ .. o- =- e . .~ ! ~ ` - •; . .r - - - '~-yam:-- _ ~- _~~- - _ _ ~ +~ ' I Ix-I ~ ~ ,• ~ 4.~ .'~'. a~~ f~~ ~ ~I _.- ,;., _. ~' -- ' 1ti ~ ~.... ... - - - I 1 , ~ ~ ~~a~~l3s~ ; ' '~ __~`~F .. , '. , r .'~ i 1 _ • t ~ ,4 4 ,• 1 4 ' .. `1. • ~' - I .~r h P ~ { _ ~ e ' ' - ~_ 1. y f f _ ~'-...--. Y - - ~ __ I~ I I _ ro: , - .d .. _ -..~~ . . , -~ F ~~~, fs<- M1 - .__ ~ ~~~ ~ -~5~51;~fV.l- ~ by ~ _ , ~ ~ ,. . ;. :. .. n ~~ _, s - - _ "~ ° ~. ~.-. -, ~ _ ~°~ ~• i ~~ .~' _ _ - I! _ ~ ~ .- _ _ .. . `~" - - .. _ _ - - 5 _ .. .. - - - - .k .. r`} -. _ _ _ _ r .. ? _ _ .. _ m t -~_ .-- e. • _ .-_, ~ _ _._ _= _~ _ - -- -_. - _ _ I~~J (d° ~` 5Q' 100" . IJI~GLJ, N. Dod e Scott Blvd- o :.:~ ' _ « SCE M f G~ ~'~ SGO~ pwd• ~. =; .,,. ~ - , w ~^"' i~~y t ~ _ ~- ..*__ _ c~~W ~` .. ~~% _ `y~. .Rig. .:. t~a. ~, - - ~~. _ .,., y ~ - t, w 44~ .:, , 4' 1 ~ _ kn w ~ .++ '~ s ~;s'paW a '+n . `r ,~ `~ ~ ...' , ~_ qq 'y'4 w .~,` T. s„ ~5 ~ ~. T I +~ _ u~- ~', [x• {f~"'t I ~ ~ g.,,Y --4 ,~ a 1a! .(ti, ~ :%'~,: t r ~,.,~ ~~ ,y ~ r+ Ti: .~ r .-,'. Vii. ~ ~uix'' 1~ - ~ ..b ~' ~ r.,. . ~~ Y I _... '. f. f ~_ alp ~~~~~~ EJ ~v'M1~! i~ ..~ ,~~ ~~~ ~~ ray"~, ~.: ~' ~ " F ~~ aa~' "'Ts~' jt a ;_ ~ }~„ *~Y ~ ~ ji.: LpLp~ * 4 A~~ dFJ I 'F5~ .:~e£.'t ~.-' T_~~~~'d` ri1Y k ~' e~fA S_ ~ ;~ -k' ~~ ~ - ~. `k ~~ii t ~" a~ y- ~ ~ ~ ~. ., ~ „Y ~ '~F' ~ T d ~I. 3 ''_' ,~~ R `4C A .~ ~ Y N .~,{ °Y'l{r ~ ~ ~9 ~~ ~ ~ ~ r~ x ~ ~ -~ ~ ,~~ ^! Lj ~ ~ bJ ~~ 5' to I ~y, '~ ~ * w: f ~ .~A:r.~. .; ~ , r ~~3 }~~ ~~ ~~ ~ ~~ .~ ~~, - - ~~r ~'" ~~` ~. ^ ~~ ~'~ ~ ~. ~• may!! ~ _ ~. r ~:' --tea - "f i fl ~ -"~yr dry ~~ ~~. ,, ~ ~~ ,~ 'w. ~ +e' '~"' w r~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 6th day of October, 2008, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a resolution approving an agreement for walkway improvements and authorizing a future partial release of the interior pedestrian access easement on 210 South Dubuque Street, Iowa City, Iowa. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Sarah Holecek, 15t Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. ~~ 7 ~~~ RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE PARTIAL RELEASE OF PEDESTRIAN ACCESS EASEMENT ON 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City ("City") currently owns a public pedestrian access easement through the interior of the Sheraton Hotel building, that is approximately twenty-five feet (25') wide and open twenty-four hours a day, seven days a week (24/7), as well as an exterior public pedestrian access easement along the western wall of the building that is approximately twelve and one-half feet (12.5') wide; and WHEREAS, RBD Iowa City LLC, ("RBD") current owner of the Sheraton Hotel building, located at 210 South Dubuque Street, wishes to expand and enhance the hotel lobby and restaurant as well as provide better security and climate control in the building; and WHEREAS, RBD has requested that CITY release a portion of the public pedestrian access easement so that they are able to narrow the easement area from 25' to 12' and restrict access between 11 p.m. and 6 a.m.; and WHEREAS, in exchange for this partial release of the easement, the Sheraton has agreed to pay for 50% of the costs of improving the pedestrian access easement that currently runs along the west side of its building; and WHEREAS, said improvement to the west exterior easement area shall include additional lighting, architectural features, way-finding signage and public art, which will enhance its attractiveness and public safety; and WHEREAS, a public hearing has been held and said agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized to sign the attached agreement for walkway improvements and future partial release of the pedestrian access easement running through the interior of 210 S. Dubuque Street, Iowa City, Iowa. 2. The City Clerk is directed to certify a copy of this resolution with the attached agreement to be recorded at RBD's expense. Passed and approved this day of MAYOR Appr ed~ t5 ~~ ~~ y Attor ey' f i e /C? ~ ~g 2008. CITY CLERK ATTEST: ~~ ~ Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE PARTIAL RELEASE OF PEDESTRIAN ACCESS EASEMENT This Agreement ("Agreement") is entered into between. RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and/ or "Owner") and the City of Iowa City, an Iowa municipal corporation ("City"). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa; and WHEREAS, to provide access between the Pedestrian Mall and Dubuque Street, the City currently owns a public pedestrian access easement through the interior of the hotel building that is approximately twenty-five feet (25') wide and open twenty-four hours a day, seven days a week (24/x, as well as an exterior public pedestrian access easement along the western wall of the building that is approximately twelve and one- half feet (12.5') wide; and WHEREAS, RBD wishes to expand and enhance the hotel lobby and restaurant as well as provide better security and climate control in the building, and to that end, requests that the City release a portion of the existing interior public pedestrian access easement, reduce the width of same to approximately twelve feet (12'), and allow controlled access through the easement area during overnight hours; and WHEREAS, in exchange for the City releasing a portion of the interior public ,pedestrian access easement and allowing controlled access during overnight hours, RBD will construct improvements within the area of the. released access easement and participate in the design and cost of improving the existing exterior pedestrian access easement; and WHEREAS, the parties wish to memorialize their agreement regarding their respective responsibilities and duties for the design, construction, and maintenance of the improvements to the exterior public pedestrian access easement, the terms and conditions for the release of a portion of the existing interior access easement and t~ ~~nt of authority to RBD to allow controlled access during overnight hours. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Partial Release of Interior Public Pedestrian Access Easement. Upon completion of the improvements to the exterior public pedestrian access easement located along the western wall of the building ("exterior easement"), the City will release a portion of the interior public pedestrian access easement as depicted on Exhibit "A"; public pedestrian access easement release plat, attached hereto and incorporated herein, such that the remaining easement area will be twelve foot (12') in width. The City will also release the obligation to provide pedestrian access between the hours of 11 p.m. and 6 a.m. The City will retain all other rights and interest in the interior easement area per the terms of the 1983 .Pedestrian Access Easement Agreement. 2. Authority to Temporarily Occupy Interior Public Pedestrian Access Easement Prior to Release: Upon execution of this agreement, RBD may temporarily occupy all but the easterly twelve feet (12') portion of the interior public pedestrian access easement pending completion of the improvements to the exterior easement and release as outlined above for the purposes of constructing improvements within the interior of the hotel. In the event improvements to the exterior easement are not completed by bE~L~T,i~]F'; the City shall have the right to enforce all of its rights under the terms of the 1983 Pedestrian Access Easement Agreement. ,including, but not limited to, the right to remove any and all improvements that, in the City's sole determination, interfere with twenty- four hour public pedestrian access within the interior public pedestrian access easement area, including reoccupation of the 25' easement area by the public. Should the City exercise its rights under the 1983 Pedestrian Access Easement Agreement, the costs of removing any and all improvements within the interior easement area shall be the responsibility of and borne by RBD. 3. Design, Construction and Cost Sharing of Improvements to and Public Art for Exterior Public Pedestrian Access Easement. The parties shall cooperate, participate and agree in the design of the improvements to the exterior public pedestrian access easement, which shall include lighting, architectural features to emphasize the walkway, way-finding signage and public art, prior to the issuance of a building permit and/ or commencement of construction of said improvements. The parties shall each pay 50% of the costs of such improvements, including design costs, for the exterior public pedestrian access 2 easement. City Council shall approve the final concept plans for said improvements and advertise said plans for public bid as required by Iowa Code Chapter 26. 4. Miscellaneous. A. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. B. Nothing contained in this Agreement shall be construed as creating or granting rights to any third party which is not a signatory to this Agreement. C. This Agreement constitutes the entire agreement between the parties and supercedes all prior or contemporaneous written or oral communications, understandings and agreements with respect to the subject matter hereof. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect except in writing duly executed by authorized representatives of each of the parties. D. This Agreement shall be governed by the laws of the State of Iowa. Dated this -day of September, 2008. RBD IOWA CITY, LLC. A Delaware limited liability company CITY OF IOWA CITY, IOWA By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware Limited liability company, its Manager Rv~ John A. Beldon, President Bv: Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk 3 CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of September, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its .City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF ~ ) )ss: COUNTY OF ) On this day of September, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared to me personally known, who being by me duly sworn, did say that they are for RBD IOWA CITY LLC., executing the within and foregoing instrument by authority of and that the said acknowledged the execution of said instrument to be the voluntary act and deed of said by it and by them voluntarily executed. Notary Public in and for the State of 4 ~~~~~ ,~®,.~ CITY OF IOWA CITY MEMORANDUM DATE: October 6, 2008 TO: City Council FROM: Sarah E. Holecek, First Assistant City Attorney~- RE: Sheraton Agreement for Walkway Improvements and Future Release of Pedestrian Access Easement As you know, after a recommendation by the Economic Development Committee, staff and RBD Iowa City LLC, the owners of the downtown Sheraton Hotel, have been negotiating the terms of an Agreement under which the City will release thirteen feet (13') of an existing twenty-five foot (25') pedestrian access easement requiring access on a 24hr/7day basis through the interior of the Hotel in return for 50% cost participation in improvements to the exterior pedestrian easement. The most recent version of this agreement, to which we are awaiting comments from the Hotel, provides for the following: • Upon completion of the exterior improvements, the City will permanently release a portion of the interior easement, reducing its width to twelve feet (12'); in connection with this release, the City will also permanently release the Hotel's obligation to provide access on a 24hr/? day basis, allowing the Hotel to control access between the hours of 11 p.m. and 6 a.m. • Prior to the completion of the exterior easement improvements and the above permanent releases, the Hotel owners will be allowed to temporarily occupy the thirteen feet (13') of the interior easement to be released to improve and enhance the lobby, its security and climate control; in the event the exterior improvements are not completed, the City shall have the right to reoccupy the area and require the Hotel to remove any and all improvements within the easement at their cost; • The City and Hotel shall agree to the design and budget for improvements to the existing exterior easement, which shall include lighting, architectural features, wayfinding signage and public art; plans shall be approved by the City Council and each party shall contribute 50% of the costs of the exterior improvements, not to exceed $150,000 each; upon approval of the plans, specifications and budget, the project shall be publicly bid and construction shall be completed with eighteen (18) months of the agreement Cc: City Manager City Clerk City Attorney Jeff Davidson, Director, PCD Wendy Ford, Economic Development Coordinator Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE RELEASE OF PEDESTRIAN ACCESS EASEMENT This Agreement ("Agreement") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and/ or "Owner") and the City of Iowa City, an Iowa municipal corporation ("City"). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel"); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mall and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement"), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty-five feet (25') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Interior Easement") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one-half feet (12.5') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Exterior Easement"); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements"), and to that end, requests that the City agree to amend the Easement Agreement to reduce the width of .the Interior Easement from its present width to approximately twelve feet (12') and allow the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, in exchange for the City's agreement to amend the Easement Agreement as set forth in this Agreement, Owner will make the Improvements to the Hotel, including but not limited to the area that is released from the Interior Easement, and participate with the City in the design of improvements to the Exterior Easement and fund along with the City a portion of the cost of making such improvements to the Exterior Easement; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties for the design and construction of the improvements to the Exterior Easement and the amendment of the Easement Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Partial Release of Interior Easement. Upon completion of the improvements to the Exterior Easement as set forth in Section 3 hereof, the City will permanently release a portion of the Interior Easement thereby reducing the width of the remaining easement area to approximately twelve feet (12') as depicted on Exhibit "A", attached hereto and incorporated herein (the "Amended Interior Easement"). In connection with the foregoing, the City will also release Owner's obligation to provide pedestrian access through the Amended Interior Easement between the hours of 11 p.m. and 6 a.m. seven days a week. The City will retain all other rights and interest in the Amended Interior Easement as per the terms of the Interior Easement as set forth in the Easement Agreement. 2. Authority to Temporarily Occupy Interior Easement Prior to Release: Upon the execution of this Agreement by the parties, Owner may temporarily utilize the area to be released from the Interior Easement for the purposes of commencing the Improvements; provided, however, that in the event improvements to the. Exterior Easement are not completed in accordance with Section 3 herein, the City shall have the right to enforce all of its rights to the Interior Easement as provided in the Easement Agreement, including, but not limited to, the right to require Owner to remove any and all improvements within the Interior Easement that, in the City's sole determination, interfere with those rights, and the City may reoccupy the portion of the Interior Easement temporarily occupied by Owner. Should the City exercise its rights under the Easement Agreement by reason of Owner's failure to complete the improvements to the Exterior Easement in accordance with Section 3, the costs of removing any and all improvements within the Interior Easement shall be the sole responsibility of and borne by Owner. 3. Design, Construction and Cost Sharing of Improvements to and Public Art for Exterior Easement. The parties shall reasonably and in good faith cooperate, participate and agree to the design and budget for the improvements to the Exterior Easement, which improvements shall include lighting, architectural features to emphasize the walkway, way-finding signage and public art (the "Exterior Easement Improvements'), within ninety (90) days from the date Owner first submits proposed design plans and a budget for said improvements. The final Exterior Easement Improvements plan shall be approved by the City Council as well as any other City agency whose approval may be required prior to the issuance of a building permit and/or commencement of construction of 2 the Exterior Easement Improvements. The City Council shall approve the final plans and specifications for said Exterior Easement Improvements and advertise said plans for public bid as required by Iowa Code Chapter 26. The City Manager, or designee, shall approve all change orders, if necessary, which approval shall not be unreasonably withheld or delayed. The parties agree to each pay fifty percent (50%) of the costs of the final approved Exterior Easement Improvements plans and specificiations, including but not limited to design costs, up to a maximum contribution of One Hundred Fifty Thousand Dollars ($150,000) for each party. The parties further agree to cooperate together in good faith to complete the Exterior Easement Improvements as soon as is reasonably possible following the date of this Agreement but in no event later than eighteen (18) months following the date hereof (the "Outside Completion Date"), subject only to weather delays or other conditions or events not reasonably foreseen or within the control of the parties that may cause the date of completion to be extended beyond the Outside Completion Date. Owner shall have the right in its discretion to complete the Exterior Easement Improvements in accordance with the final approved plans, specificiations and budget and upon completion thereof, the City shall permanently release the portion of the Interior Easement as described in Section 1 of this Agreement. 4. Miscellaneous. A. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. B. Nothing contained in this Agreement shall be construed as creating or granting rights to any third party which is not a signatory to this Agreement. C. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral communications, understandings and agreements with respect to the subject matter hereof. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect except in writing duly executed by authorized representatives of each of the parties. D. This Agreement shall be governed by the laws of the State of Iowa. Signatures on the following page. 3 Dated this _ day of October 2008. RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: John A. Belden, President CITY OF IOWA CITY, IOWA Bv: Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of October, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 4 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On this day of October, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC., executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. Notary Public in and for the State of Tennessee 5 ~~ ~ Prep'd by: Sarah E. Holecek, Fir~t Asst. City Atty., 410 E. Washington St., Iowa Cit~, IA 52240; 356-5030 AGREEMENT FOR W LKWAY IMPROVEMENTS AND FUT RE PARTIAL RELEASE F PEDESTRIAN ACCESS EASEME T This Agreement ("Agr ment") is entered into betwee .RBD Iowa City LLC, a Delaware limited liability com any, (hereinafter "RBD" and or "Owner") and the City of Iowa City, an Iowa municipal corporation ("City"). WHEREAS, RBD is the c rrent owner of th Sheraton Hotel located at 210 Dubuque Street in downtown Iow City, Iowa; and WHEREAS, to provide acces between t Pedestrian Mall and Dubuque Street, the City currently owns a public ped si hotel building that is approximately hours a day, seven days a week (24/ 7 easement along the western wall of the half feet (12.5') wide; and a ess easement through the interior of the five feet (25') wide and open twenty-four well as an exterior public pedestrian access lding that is approximately twelve and one- WHEREAS, RBD wishes to expand n as well as provide better securi and clim tE requests that the City release portion of th easement, reduce the widt of same to app controlled access through t e easement area d t enhance the hotel lobby and restaurant control in the building, and to that end, existing interior public pedestrian access roximately twelve feet (12'), and allow ~ing overnight hours; and WHEREAS, in e change for the City rel sing a portion of the interior public pedestrian access eas ment and allowing contro ed access during overnight hours, RBD will construct i provements within the area f the released access easement and participate in the sign and cost of improving the xisting exterior pedestrian access easement; and WHER S, the parties wish to memorialize the agreement regarding their respective res onsibilities and duties for the design, construc 'on, and maintenance of the improvemen s to the exterior public pedestrian access easement, the terms and conditions for the release of a portion of the existing interior access easement and t~e ~~nt of authority to RBD to allow controlled access during overnight hours. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: ~-~ 1. Partial Release of Interior Public completion of the improvements to easement located along the western w the City will release a portion of the into depicted on Exhibit "A", public pedes hereto and incorporated herein, such twelve foot (12') in width. The City pedestrian access between the hours o other rights and interest in the interio Pedestrian Access Easement Agreeme edestrian Access Easeme t. Upon he exterior public pedestria access 11 of the building ("exterior eas ment"), _rior public pedestrian access ea ment as ian access easement release pla ,attached hat the remaining easement ea will be ill also release the obligati to provide 11 p.m. and 6 a.m. The Ci will retain all easement .area per the rms of the 1983 2. Authority to Ternporarily Occupy In Prior to Release: Upon execution o occupy all but the easterly twelve E pedestrian access easement pending exterior easement and release as outlin improvements within the interior of th exterior easement are not completed right to enforce all of its rights under Easement Agreement. ,including, but all improvements that, in the City's o. four hour public pedestrian acces witl easement area, including reoccu ation Should the City exercise its ri is undo Agreement, the costs of rem~ving any z easement area shall be the x~sponsibility for Public Pede ian Access Easement this agreeme ,RBD may temporarily ~t (12') por on of the interior public ~mpletion of the improvements to the 1 above or the purposes of constructing hotel In the event improvements to the ~ ~ADLINE? the City shall have the terms of the 1983 Pedestrian Access t limited to, the right to remove any and e determination, interfere with twenty- 'n the interior public pedestrian access f the 25' easement area by the public. the 1983 Pedestrian Access Easement n all improvements within the interior o and borne by RBD. 3. Design, Construction grid Cost Sharing o Improvements to and Public Art for Exterior Public Pedestrian Access Ease ent. The parties shall cooperate, participate and agree in the design of the provements to the exterior public pedestrian access easement, which shall incl de lighting, architectural features to emphasize the walkway, way-finding sign ge and public art, prior to the issuance of a wilding permit and/or Comm ncement of construction of said improvement . The parties shall each p y 50% of the costs of such improvemen s, including design costs, for the terior public pedestrian access 2 easement. City Council shall approve the final concept plans for said improvements and advertise said plans for public bid as .reed by Iowa Code Chapter 26. ~~ ~' 4. Miscellaneous. A. The provisions of this Agreement successors and assigns of the respective B. Nothing contained in this ~ granting rights to any third party w C. This Agreement constitutes supercedes all prior or contemn understandings and agreements v expressly understood and agree amended, modified or otherwise c executed by authorized representa D. This Agreement shall be Dated this _ day of RBD IOWA CITY, LLC. A Delaware limited liability co any By: RBD IOWA CITY HOLDI GS LLC, a Delaware limited liability co pany, its Sole Member By: DIG Iowa City LLC,/a Delaware Limited liability comp y, its Manager By: John A. Beldon, Pre ident inure to the ber4efit of and bind the hereto. ~ment shall be construed as creating or is not a sign ory to this Agreement. ie entire agr ment between the parties and raneous w itten or oral communications, h respec to the subject matter hereof. It is that t 's Agreement may not be altered, Inge in any respect except in writing duly ~es each of the parties. by the laws of the State of Iowa. OF IOWA CITY, IOWA D. Bailey, Mayor 3 Attest: Marian Karr, City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of September, 0 in and for the above-named county a d and Marian K. Karr, to me personally n they are the Mayor and City Clerk, resp c the within and foregoing instrument; t corporation by authority of its City Co acknowledged the execution of said instr corporation, by it and by them voluntarily /, 08, before me, the undersigned, a 1~iotary Public state, personally appeared Reg~enia D. Bailey own, who being by me duly sw rn, did say that tively, for the City of Iowa Ci ,Iowa, executing at the seal attached thereto is the seal of said ncil; and that the said yor and City Clerk ent to be the volunt v act and deed of said otary P lic in and for the ate of owa STATE OF COUNTY OF On this in and for RBD IOWA CITY LLC. )ss: day of September, 08, before me, the a sworn, did say that they are LLC., executing the ~ the execution of said ounty and to me personally ~n and foregoing that the said EMENT undersigned, a Notary Public ate, personally appeared n, who being by me duly for RBD IOWA CITY .ru ent by authority of acknowledged ~ument to be the voluntary t and deed of said it and by them voluntarily execute . Notary Public in and Apr the State of 4 r' Prepared by: Sarah Holecek, 1St Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE PARTIAL RELEASE OF PEDESTRIAN ACCESS EASEMENT ON .210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City f Iowa City ("City") currently owns a public pedestrian access easement through the interior oft a Sheraton Hotel building, that is approximately twenty-five feet (25') wide and open twenty-four urs a day, seven days a week (24/7), as well as an exterior public pedestrian access easem nt along the western wall of the building that is approximately twelve and one-half feet (12.5') wi ;and WHEREAS, RBD Iowa City LL , ("RBD") current owner of the heraton Hotel building, located at 210 South Dubuque Street, wish s to expand and enhance th hotel lobby and restaurant as well as provide better security and clim a control in the building; a WHEREAS, RBD has requested tha CITY release a easement so that they are able to Harr w the easement between 11 p.m. and 6 a.m.; and WHEREAS, in exchange for this partial rele a of the for 50% of the costs of improving the pedest 'an acc west side of its building; and / ~ of the public pedestrian access from 25' to 12' and restrict access ement, the Sheraton has agreed to pay easement that currently runs along the WHEREAS, said improvement to the west exterior asement area shall include additional lighting, architectural features, way-finding signage and u lic art, which will enhance its attractiveness and public safety; and WHEREAS, a public hearing has been held a d said agr ement is in the public interest. NOW, THEREFORE, BE IT HEREBY R OLVED BY T E CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are here authorized to sign tr improvements and future partial r ease of the pedestrian the interior of 210 S. Dubuque Str et, Iowa City, Iowa. 2. The City Clerk is directed to recorded at RBD's expense. a copy of this resolution with Passed and approved this ed agreement for walkway easement running through attached resolution to be day of , 2008. MAYOR Appr d y ity A rney' ~ e _zy~8 ATTEST: CITY CLERK . ~ _ ,~ ~• ~ Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FO WALKWAY IMPROVEMEN SAND FUTURE PARTIAL RELE E OF PEDESTRIAN ACCE S EASEMENT This Agreement ("A ement") is entered i to between RBD Iowa City LLC, a Delaware limited liability com ny, (hereinafter " BD" and/or "Owner') and the City of Iowa City, an Iowa municipal rporation ("Cit "). WHEREAS, RBD is the cur nt owner f the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa Ci ,Iowa; nd WHEREAS, to provide access bet the City currently owns a public pedest~ hotel building that is approximately tw hours a day, seven days a week (24/ 7), easement along the western wall of the/ half feet (12.5') wide; and / r~ the Pedestrian Mall and Dubuque Street, access easement through the interior of the -five feet (25') wide and open twenty-four 11 as an exterior public pedestrian access ~i that is approximately twelve and one- WHEREAS, RBD wishes to pand and e ance the hotel lobby and restaurant as well as provide better security nd climate con 1 in the building, and to that end, requests that the City release a p tion of the existin interior public pedestrian access easement, reduce the width of ame to approximat ly twelve feet (12'), and allow controlled access through the ea ment area during ove fight hours; and WHEREAS, in exchan for the City releasing a ortion of the interior public pedestrian access easement nd allowing controlled acc s during overnight hours, RBD will construct improv ents within the area of the re ased access easement and participate in the design d cost of improving the existing exterior pedestrian access easement; and WHEREAS, the parties wish to memorialize their agr ement regarding their respective responsibilities and duties for the design, construction, and maintenance of the improvements to the exterior public pedestrian access easement, the terms and conditions for the release of a portion of the existing interior access easement and t~~ 'ant of ~~ authority to RBD to allow controlled access during overnight hours. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Partial Release of Interior Public Pedestrian Access Easement. Upon comple 'on of the improvements to the exterior public pede ian access easement ocated along the western wall of the building ("exteri r easement"), the City wi elease a portion of the interior public pedestrian a ess easement as depicted on E ibit "A", public pedestrian access easement re ase plat, attached hereto and inco orated herein, such that the remaining e sement area will be twelve foot (12') width. The City will also release th obligation to provide pedestrian access be een the hours of 11 p.m. and 6 a. .The City will retain all other rights and inter st in the interior easement ar per the terms of the 1983 Pedestrian Access Ease ent Agreement. 2. Authority to Temporarily Occupy Interior P lic Pedestrian Access Easement Prior to Release: Upon e ecution of thi agreement, RBD may temporarily occupy all but the easterly twelve fe (12') portion of the interior public pedestrian access easement p ding ompletion of the improvements to the exterior easement and release as u ned above for the purposes of constructing improvements within the interior the hotel. In the event improvements to the exterior easement are not co let by DEADLINE?, the City shall have the right to enforce all of its ri is and the terms of the 1983 Pedestrian Access Easement Agreement. , in uding, but n t limited to, the right to remove any and all improvements that, n the City's sol determination, interfere with twenty- four hour public pe strian access withi the interior public pedestrian access easement area, in ding reoccupation of e 25' easement area by the public. Should the City xercise its rights under th 1983 Pedestrian Access Easement Agreement, the costs of removing any and al improvements within the interior easement area shall be the responsibility of and orne by RBD. 3. Design, Construction and Cost Sharing of Imp vements to and Public Art for Exterior Public Pedestrian Access Easement. The parties shall cooperate, participate and agree in the design of the im ovements to the exterior public pedestrian access easement, which shall include lighting, architectural features to emphasize the walkway, way-finding signage and public art, prior to the issuance of a building permit and/or commencement of construction of said improvements. The parties shall each pay 50% of the costs of such improvements, including design costs, for the exterior public pedestrian access 2 easement. City Council shall approve the final concept plans for said improvements and advertise said plans for public bid as required by Iowa Code Chapter 26. 4. Miscellaneous. A. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. B. Noth g contained in this Agreement shall be construed as creating or granting right to any third party which is not a signatory to this Agreement. C. This Agree ent constitutes the entire agreement between the parties and supersedes all pri r or contemporaneous written or "ral communications, understandings and eements with respect to the sub'ect matter hereof. It is expressly understood nd agreed that this Agree nt may not be altered, amended, modified or o erwise changed in any re ect except in writing duly executed by authorized re esentatives of each oft e parties. D. This Agreement shall b governed by t laws of the State of Iowa. Dated this _ day of September, RBD IOWA CITY, LLC. A Delaware limited liability CITY OF IOWA CITY, IOWA By: RBD IOWA CITY HOLDING LLC, a Delaware limited liability com any, its Sole Member By: DIG Iowa City C, a Delaware Limited liability ompany, its Manager Bv: John A. Beldon, President D. Bailey, Mayor A 3 K. Karr, City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of September, 2008, bef re me, the undersigned, a Notary Public in and for the above-named county and state, ersonally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, w o being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, or the City of Iowa City, Iowa, executing the withiri~ nd foregoing instrument; that the seal attached thereto is the seal of said corporation authority of its City Council; and that the said Mayor and City Clerk acknowledged e execution of said instrum t to be the voluntary act and deed of said corporation, by it nd by them voluntarily e ecuted. Notary Public in and for the State of Iowa RBD IOW STATE OF ) )ss: COUNTY OF ) On this day of Sel in and for the above/ sworn, did say that they LLC., executing the the execution of said to me ACKNOWLEDGEMENT before me, the undersigned, a Notary Public 1 and state, personally appeared ~e onally known, who being by me duly for RBD IOWA CITY /within and foregoi instrument by authority of and that the said acknowledged instrument to be the vo untary act and deed of said by it and by them voluntari executed. Notary Publ ~n and for the State of 4 Marian Karr From: d. harris [cwcrrr@yahoo.com] Sent: Thursday, September 18, 2008 11:47 AM To: Council; opinion@press-citizen.com Subject: Sheraton Requests we request that the Iowa City City Council deny the Sheraton's request for public assistance and to restrict access to and reduce the public easement that was Dubuque Street before the hotel was built for the following reasons: 1. This request is in violation of resolution 83-393 Pedestrian Access Easement Agreement signed 12 December 1983 (filed 31 August 1984) by the City of Iowa City and Mid-City Hotel Associates: [numbering from original document] "2. Nature and Extent of Easement. Hotel Associates hereby grants to the City, for the benefit of the City a permanent nonexclusive easement for pedestrian access over and across the easement area. Such easement shall be perpetual, nonexclusive and provide 24-hours access for pedestrian traffic. 3. Maintenance. Hotel Associates agrees to maintain the westerly most portion of the easement area which is located adjacent to the exterior of the hotel facility and Hotel Associates agrees to maintain the easterly most portion of the easement area which is located in the interior of the hotel facility." 2. The hotel request to use the easement differently includes requesting more public assistance money to modify the exterior easement. As agreed in resolution 83-393, the maintenance of that area is the hotel's responsibility. To date they have done little to maintain that area. Pedestrians use the interior walkway rather than that exterior walkway for a variety of reasons including safety. 3. A hotel representative stated that closing the public easement "eliminates/reduces incidents of raucous activity." However, no other business has the option of eliminating or reducing raucous activity by closing a public area. 4. If the ATM is what draws the raucous crowds, the hotel could choose to remove it. 5. A hotel representative stated that "easy and safe access to the Pedestrian Mall remains available through exterior easement 24/7". That exterior walkway is neither easy nor safe. In addition, as per agreement 83-393 above, it is the hotel's responsibility to maintain that area and they have failed to do so. 6. A hotel representative stated that closing the interior walkway between lOpm and Gam "does not inconvenience retailers, citizens or residents in off business hours." Of course blocking or narrowing that access would inconvenience citizens of all sorts. In addition closing the easement would block easy access to the downtown area south of Burlington Street that the city has plans to develop. Please do not accede to the Sheraton's request to close or narrow the public access nor provide additional public financing to property owners that have not followed the agreement currently on record. Diana Harris 1025 E. Davenport Street Iowa City, IA 52245 cwcrrrc~yahoo.com Feather Lacy 3 Washington Place Iowa City, IA 52245 flacy@pobox.com 1