HomeMy WebLinkAbout2016-11-01 OrdinancePrepared by: Jann Ream, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5120
ORDINANCE NO.
ORDINANCE AMENDING TITLE 14, ZONING CODE, SECTION 2G, FORM -BASED
DEVELOPMENT STANDARDS; SECTION 5B, SIGN REGULATIONS; SECTION 3C, DESIGN
REVIEW; AND SECTION 9C, SIGN DEFINITIONS.
WHEREAS, it is the purpose of the Zoning Code sign regulations 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; and
WHEREAS, these regulations are intended to reduce distractions and obstructions contributing
to traffic accidents, reduce hazards created by signs in the public right of way, and to provide a
reasonable opportunity for all sign users to display signs without interference from other signs;
and
WHEREAS, these regulations are also intended to allow for creative design, to encourage
economic development, to distinguish between areas designed primarily for auto -oriented
commerce and areas designed for residential living or pedestrian -oriented commerce; and
WHEREAS, these regulations are intended to balance the City's interests in these goals with
the public's right to free speech; and
WHEREAS, the City of Iowa City and the Iowa City Downtown District commissioned an outside
design firm to create design guidelines for storefronts and signage in the Downtown and
Northside Market Place areas; and
WHEREAS, the purpose of these guidelines is to create clear, simple signage designed in
conjunction with the storefront fagade that promotes a walkable retail environment and removes
confusing sign clutter
WHEREAS, the current sign regulations for the Central Business zones do not reflect the
recommendations of the guidelines and;
WHEREAS, the amendments will provide clear direction for allowed signage and allow greater
design flexibility, thus eliminating the need for Design Review; and
WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public
interest and;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the
sign ordinance and recommends approval; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The Code of Ordinances of the City of Iowa City is hereby amended
as follows:
A. Amend Title 14, Zoning Code, Chapter 3, Overlay Zones, Article C, Design Review by:
1. Deleting the following within 2A "Applicability": paragraph 7 (Projecting Signs In CB -2, CB -
5 And CB -10 Zones); paragraph 8 (Entranceway Signs); and the word "signage" from
paragraph 9 (Towncrest Design Review District) and paragraph 10 (Form -based Code
Design Review).
2. Deleting the introductory paragraph to 3 "Design Review" and replacing it with the
following:
Where design review is required pursuant to this Article, such review shall be
conducted and approved in accordance with the following levels of review prior to
issuance any building permit.
3. Deleting 3A(1)(a)(5), regarding design review for certain projecting signs; deleting the
word "signage" from (7); and deleting (8), regarding design review for entranceway sign
modifications, and renumbering the subsequent paragraphs accordingly.
4. Deleting 313(7), the approval criteria for projecting signs, and renumbering the subsequent
paragraphs accordingly.
5. Deleting 3C(5), the design review guidelines for signs, and renumbering the subsequent
paragraphs accordingly.
B. Amend Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 1 by:
1. Deleting it and replacing it with the following:
1. FINDINGS, PURPOSE AND INTERPRETATION:
Signs can obstruct views, distract motorists, displace alternative uses for land
and pose other problems that legitimately call for regulation.
The purpose of this article is to regulate the size, illumination, movement,
materials, location, height and condition of all signs placed on private property meant
to be visible to the public from a street or other public right of way thus enhancing
and protecting the physical appearance and safety of the community, protecting
property values and the character of the various neighborhoods, and preserving Iowa
City's areas of natural, historic and scenic beauty.
These regulations are 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.
These regulations are further intended to provide fair and equitable treatment for
all sign users; to allow for creative design; to encourage economic development; to
distinguish between areas designed primarily for auto -oriented commerce and areas
designed for residential living or pedestrian -oriented commerce; and to establish a
reasonable period of time for the elimination of nonconforming signs.
This article allows adequate communication through signage while encouraging
aesthetic quality and creativity in the design, location, size and purpose of all signs.
This article must be interpreted in a manner consistent with the First Amendment
guarantee of free speech. A sign placed on land or on a building for the purpose of
identification, protection or directing persons to a use conducted therein must be
deemed to be an integral but accessory and subordinate part of the principal use of
land or building. Therefore, the intention of this article is to establish limitations on
signs in order to ensure they are appropriate to the land, building or use to which
they are appurtenant and are adequate for their intended purpose while balancing
the individual and community interests identified above. These regulations are
intended to promote signs that are compatible with the use of the property to which
they are appurtenant, landscape and architecture of surrounding buildings, are
legible and appropriate to the activity to which they pertain, are not distracting to
motorists, and are constructed and maintained in a structurally sound and attractive
condition.
The regulations are not intended to and do not apply to signs erected, maintained
or otherwise posted, owned or leased by the city, state or federal government.
A sign displaying a noncommercial message of any type is allowed anywhere that
commercial signs are allowed, subject to the same regulations applicable to such
commercial signs to prevent any inadvertent favoring of commercial speech over
noncommercial speech, or favoring of any particular noncommercial message over
any other noncommercial message.
C. Amend Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 4, Construction and Maintenance Requirements, by:
1. Amending Subsection B, Minimum Clearance Height, by deleting it and replacing it with
the following:
B. Minimum Clearance Height: The minimum clearance height is measured from
ground -level to the lowest point on the sign. The minimum clearance height for
freestanding, banner, and time and temperature signs is ten feet (10'). For free
standing wide base signs, the bottom of the sign face must be a minimum of 10 feet
above ground level, except if the sign is 15 feet or less in height. For these shorter
wide -based signs, the bottom of the sign face must be a minimum of 3 feet above
ground level. For storefront projecting signs and canopy signs, the minimum
clearance height is eight feet (8'). Minimum clearance height is ten feet (10') for
entranceway signs across driveways and eight feet (8') for entranceway signs across
walkways.
2. Amending Subsection D, Changeable Copy, Paragraph 2, Copy Changed Electronically
subparagraph b to add "CB -10" to the zones in which the time and temperature sign is
excluded from the sign limit count; amending subparagraph f to delete "CB -10"; and adding
the following subparagraph is
In the CB -10 zones, electronic changeable copy is only allowed on time and
temperature signs and window signs as permitted for indoor recreational uses in
Table 513-4 of this article.
3. Amending Subsection E, Illumination Requirements, Paragraph 1 by deleing "special
event signs" therefrom.
D. Amend Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 5, Nonconforming Situations, Subsection B, by:
1. Deleting it and replacing it with the following:
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.
E. Amend Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 6, Prohibited Signs, Subsection A, by:
1. Deleting it and replacing it with the attached.
F. Amend Title 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 8, Signs Permitted by Zone, by:
1. Deleting Subsection B, Sign Standards for All Residential Zones, and replacing it with the
attached.
2. Deleting Subsection C, Sign Standards in the CO -1, CN -1 and MU Zones, and replacing it
with the attached.
3. Deleting Subsection D, Sign Standards in CH -1, CC -2 and CIA Zones and replacing it
with the attached.
4. Deleting Subsection E, Sign Standards in CB -2, CB -5 and CB -10 Zones and replacing it
with the attached.
5. Deleting Table 56-5 "Sign Specifications and Provisions in the Industrial and Research
Park Zones", found in Subsection F, Sign Standards in Industrial And Research Park Zones,
and replacing it with the attached.
G. Amend 14, Zoning Code, Chapter 5, Site Development Standards, Article B, Sign
Regulations, Section 9, Nonpermanent, Off -Premises, and Other Special Signs, by:
1. Amending the title to "Off -Premises and Temporary Signs."
2. Deleting Subsection B and Table 513-6, and replacing Table 513-6 with the attached.
H. Amend Title 14, Zoning Code, Chapter 9, Definitions, Article C, "Sign Definitions", by deleting
Section 1, Definitions, and replacing it with the attached.
I. Amend Title 14, Zoning Code, Chapter 2, Base Zones, Article G, Riverfront Crossings and
Eastside Mixed Use District Form -Based Development Standards, Section 7, General
Requirements, Subsection F, Building Design Standards, Paragraph 9, Signs, by:
1. Deleting subparagraph d, and renumbering the remaining subparagraphs accordingly.
2. Deleting subparagraph e, and replacing it with the following:
Signage for residential buildings shall be allowed according to the standards that
apply in residential zones as set forth in chapter 5, article B of this title. For multi-
family buildings, the larger sign area for fascia and monument signs as specified
in multi -family zones applies.
J. Amend Title 14, Zoning Code, Chapter 2, Base Zones, Article G, Riverfront Crossings and
Eastside Mixed Use District Form -Based Development Standards, Section 1, Intent,
Applicability, and Administration, Subsection D, Design Review, by deleting the word "signage"
therefrom.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of 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 IV. 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
Approved by:
zw,�,
''City Attorney's Office IvluO/I�_
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 11/01/2016
Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
14-513-6: 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:
1. Animated signs, except for barbers' poles and three dimensional storefront projecting signs as
expressly permitted by this article.
2. Hazardous signs.
3. Obsolete signs.
4. Painted wall signs except for wall mural painted 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 except for storefront projecting signs.
10. Banners except for Banner Projecting Signs as expressly permitted in this article and banners
permitted in Table 513-6.
11. 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 the questions in subsections Al Oa through A10c of this
section can be answered in the affirmative, and there is no compelling answer to the question in
subsection A10d of this section 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?
14-58-86. 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: fascia, awning, canopy 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 513-1, located at the
end of this subsection.
c. 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 as specified in table 5B-1, located at the end of this
subsection.
d. One (1) monument sign is permitted at each street entrance of a subdivision or development of 2 acres or
more. The maximum sign area is 32 sq. ft. per side — may be double faced for a total of 64 sq. ft. —
maximum height is 5ft. All other monument signs are permitted as specified in table 5B-1 located at the
end of this subsection.
2. Sign Specifications And Provisions: All signs in residential zones are subject to the standards specified in
table 51B-1, located at the end of this subsection.
Table 5B-1: Sign Specifications And Provisions
In Residential And The ID And OPD Zones
r _ _- _ _
Permitted
Signs
Awning
signs'
Canopy
signs
r-
Zone
ID -RS, RR -1,
RS -5, RS -8,
RS -12, RNS-
12, ID -RM,
RM -12, RM -20,
RNS-20, RM -
44, PRM
ID -RS, RR -1,
RS -5, RS -8,
RS -12, RNS-
12, ID RM
RM -12, R1-20,
RNS-20, RM -
44, PRM
Maximum
Sign Area
12 sq. ft. or 25% of awning
surface, whichever is less.
Sign cannot exceed 90% of
street facing canopy length
and no more than 15 inches
in height
Maximum Height And
Special Provisions
Maximum height: Top of first story.
Limited to identification only.
Not allowed for single-family and
two-family uses.
Signs may be mounted on the face
of the canopy, upright on the top of
the canopy or underneath the
canopy. Signs mounted on the face
of the canopy may not extend
beyond the edges of the canopy.
Signs mounted on the top of the
canopy or underneath the canopy
must consist of individual letter
forms and may not extend more
than 15 inches in height above or
below the canopy. The bottom of
the canopy or any letters forms
attached underneath the canopy
Fascia ID -RS, RR -1,
signs' RS -%R
RS -12, RNS-
12
4 sq. ft.
a monument sign located at the
subject entrance.
Maximum height: Top of first story.
ID -RM, RM 12, 12 sq. ft. Limited to identification only, except
RM -20, RN;_
as allowed for institutional uses.
20, RM -44,
PRM Not allowed for single-family and
two-family uses.
r— —
Integral ID -RS, RR -1, 2 sq. ft. Up to 1 of these signs is allowed
signs RS -5, RS -8, per building.
RS -12, RNS-
12, ID -RM, No permit is required.
RM -12, RM -20,
RNS-20, RM -
44, PRM
Monument ID -RS, RR -1, 12 sq. ft. per sign face. ras
aximum height: 5 ft.
signs' RS -5, RS -8,
RS -12, RNS- May be double faced for a mited to identification only, except
12 total area of 24 sq. ft. allowed for institutional uses. 11
must be, at minimum 8ft above the
level of the adjacent grade.
Canopy signs may not be
illuminated.
Directional
ID -RS, RR -1,
2 sq. ft. per face.
signs
RS -5, RS -8,
I
RS -12, RNS-
May be double faced for total
12, ID -RM,
area of 4 sq. ft.
RM -12, RM -20,
I
RNS-20, RM -
44, PRM
Entranceway
Allowed for
For signs located above or
Maximum height: 20 ft.
signs
parks and open
across the top of the subject
space uses in
archway, the area of the sign
Up to 1 sign per facade of the
any residential
may not exceed 25% of the
subject archway.
zone, ID zone,
area delineated by the
or OPD zone
subject archway.
The sign may not contain
changeable copy.
For a sign located on the
Sign copy may not extend beyond
side of the archway, the area
the edges of the entranceway
of the sign may not exceed
structure.
33% of the surface area of
Minimum clearance height is 10 ft.
the side of the archway
for entranceway signs across
support on which the sign is
driveways and 8 ft. for entranceway
located. (See section 14-513-
signs across walkways.
7, "Measurement Standards",
Entranceway signs are not allowed
of this article.)
if the subject lot or tract already has
Fascia ID -RS, RR -1,
signs' RS -%R
RS -12, RNS-
12
4 sq. ft.
a monument sign located at the
subject entrance.
Maximum height: Top of first story.
ID -RM, RM 12, 12 sq. ft. Limited to identification only, except
RM -20, RN;_
as allowed for institutional uses.
20, RM -44,
PRM Not allowed for single-family and
two-family uses.
r— —
Integral ID -RS, RR -1, 2 sq. ft. Up to 1 of these signs is allowed
signs RS -5, RS -8, per building.
RS -12, RNS-
12, ID -RM, No permit is required.
RM -12, RM -20,
RNS-20, RM -
44, PRM
Monument ID -RS, RR -1, 12 sq. ft. per sign face. ras
aximum height: 5 ft.
signs' RS -5, RS -8,
RS -12, RNS- May be double faced for a mited to identification only, except
12 total area of 24 sq. ft. allowed for institutional uses. 11
ID -RM, RM -12, 24 sq, ft. per sign face.
RM -20, RNS-
20, RM -44, May be double faced for a
PRM : total area of 48 sq. ft.
Small f ID -RS, RR -1, 2 sq. ft.
identification RS -5, RS -8,
signs RS -12, RNS-
12, ID -RM,
RM -12, RM -20, I
RNS-2Q RM -
44, PRM
i
Not allowed for single-family and
two-family uses.
Maximum height: 5 ft.
Limited to identification only, except
as allowed for institutional uses.
Not allowed for single-family and
two-family uses.
The sign must be a building sign.
Up to 1 of these signs is allowed
per building.
No permit is required.
Note:
1. Only 1 sign is permitted; 1 fascia sign, 1 awning sign, 1 canopy sign, or 1 monument sign. (See
subsection Al b of this section.)
14 -5B -8C. Sign Standards In 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 513-2 of
this section, except signage for residential uses must comply with the requirements for residential
uses in the RM zones as stated in Table 5B-1 of this article.
Table 513-2: Sign Specifications And Provisions
In The CO -1, CN -1, And MU Zones
Permitted
Signs
Awning
signs
Barbers'
poles
Canopy
signs
Maximum
Sign Area
25% of awning surface
Sign cannot exceed 90%
of street facing canopy
length and no more than
124 inches in height
Maximum
Height
Top edge of
first story
1 awning
I
Top edge of
first story
canopy
Provisions
Each storefront is allowed
up to a total of 3 signs
from the following sign
types: canopy signs,
awning signs, and
projecting signs. Awning
signs are only allowed on
first story awnings.
Maximum diameter: 9 in.
Maximum length: 3 ft.
Each storefront is allowed
up to a total of 3 signs
from the following sign
types: canopy signs,
awning signs, and
projecting signs.
Signs may be mounted on
the face of the canopy,
upright on the top of the
canopy or underneath the
canopy. See applicable
dimensional provisions for
each type.
Signs mounted under a
canopy with the face
perpendicular to the
building will be considered
storefront projecting signs
and regulated
accordingly. Said signs
may not project beyond
the outer edge of the '
canopy
Signs mounted on the
face of the canopy may
not project beyond the
edges of the canopy.
Signs mounted on the top
of the canopy must
consist of individual letter
forms and may not extend
more than 24 inches in
height above the canopy.
Canopy signs may be j
internally or externally
illuminated or halo back
lit.
Directional
3 sq. ft. per sign face
--
--
--------
-- �
signs
May be double faced for
total area of 6 sq. ft.
Entranceway
For signs located above
20 ft.
Up to 1 sign per facade of
signs
or across the top of the
the subject archway.
subject archway, the
area of the sign may not
The sign may not contain
exceed 25% of the area
changeable copy.
delineated by the subject
archway
Sign copy may not extend
beyond the edges of the
For a sign located on the
entranceway structure.
side of the archway, the
area of the sign may not
Minimum clearance height
exceed 33% of the
is 10 ft. for entranceway
surface area of the side
signs across driveways
of the archway support
and 8 ft. for entranceway f
on which the sign is
signs across walkways.
located. (See section 14-
1fi
513-7, "Measurement
Standards", of this
article.)
r- ---�.
Entranceway signage as
specified herein will count
i
Fascia signs 115% of sign wall area
Flags I --
Identification 2 sq. ft.
and integral Except as allowed in
signs j provisions.
Monument
signs
Up to 2 sq. ft. of sign
area per linear foot of lot
frontage, not to exceed
50 sq. ft. per sign face
May be double faced for
a total area of 100 sq. ft.
per sign
Top of first
story
i
as 1 sign toward the total
limit for monument signs
on a lot or tract.
Entranceway signs are
not allowed if the subject
lot or tract already has a
monument sign located at
the subject entrance.
Parapet signs are allowed
only on one-story
buildings.
1 additional flag may be
displayed in conjunction ;
with any city, county, state '
i or federal flags.
No permit is required.
-- No permit is required.
I
A larger integral sign up
may be allowed when
said sign delineates the
name of the building. Size
shall be regulated as a
fascia sign. A permit is
required.
2 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 ft. of
frontage on a single
street, only 1 monument
sign is permitted along
that frontage.
r * For lots or tracts with
f 160 to 300 ft. of frontage
r
Storefront
projecting
signs
- 19 sq. ft. -
May be double faced for
a total of 18 sq. ft.
The size may be
increased up to 18 sq. ft.
(may be double faced for
a total area of 36 sq. ft.)
if the sign and storefront
meet the following
criteria: The floor to
ceiling height of the
ground level floor is a
minimum of 18 ft. and
the sign is vertically
Top of the
first story,
located
below any
second floor
window,,ill.
along a single street, up
to 2 monument signs are
permitted. The monument
signs must be at least 150
ft. apart as measured
along the frontage.
* For lots or tracts with
frontage in excess of 300
ft. along a single street,
up to 3 monument signs
are permitted, provided
the signs are at least 150
ft. apart as measured
along the frontage.
For lots or tracts with
frontage along more than
1 street, each frontage is
allowed signs based on
the formulas stated above
up to a maximum of 5
signs. Any sign that is
located within 25 ft. of a
corner (at the point where
property lines intersect)
will count as 2 signs; 1
toward the sign allowance
for each frontage.
Each storefront is allowed
up to a total of 3 signs
from the following sign
types: canopy signs,
awning signs, and
projecting signs. There
must be at least 12ft
between projecting signs.
May not project more than
4 ft. from the building
wall.
Allowed to be a three
dimensional model of an
object, such as a globe or
book. If three
proportioned.
Time an125 sq. ft. per sign face --
temperature
signs May be double faced for
a total of 50 sq. ft.
Window 25% of window area
signs
[dimensional, the sign may
rotate.
External illumination is
permitted provided there
are no more than 2
spotlights of no more than
2,000 lumens shining
directly on the sign and
provided they meet the
light trespass standards in
article G of this chapter.
Internal illumination is
allowed for halo back lit or
neon letters. Internally
illuminated plastic trim
cap letters and internally
illuminated cabinet signs
where the entire face of
the cabinet is illuminated
are prohibited
Shall not project more
than 6 ft. into public right
of way.
If located on or in required f
storefront windows,
window signs shall be
displayed or affixed in a
manner that does not
block views into the
interior of the storefront.
14-513-81D: Sign Standards In 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 56-3 of
this section except that signage for residential uses must comply with the requirements for
residential uses in the RM zones as stated in table 56-1 of this article.
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 (3) types of signs is allowed within the
stated limits.
a. For lots or tracts with less than one hundred sixty feet (160') of frontage on a single street, only one
such sign is permitted along that frontage. Freestanding wide base signs are not permitted on lots or
tracts with less than one hundred sixty feet (160') of frontage. The city engineer will determine that
the location of a wide base free standing sign will not obstruct the visibility of vehicles entering or
exiting the property.
b. For lots or tracts with one hundred sixty to three hundred feet (160 - 300') of frontage along a single
street, up to two (2) such signs are permitted, provided the signs are at least one hundred fifty feet
(150') apart as measured along the frontage.
c. For lots or tracts with three hundred one to six hundred feet (301 - 600') of frontage along a single
street, up to three (3) such signs are permitted, provided the signs are at least one hundred fifty feet
(150') apart as measured along the frontage.
d. For lots or tracts with frontage in excess of six hundred feet (600') along a single street, up to three
(3) such signs are permitted, provided the signs are at least one hundred fifty feet (150') apart as
measured along the frontage. One additional monument sign is allowed, provided the sign is at least
one hundred fifty feet (150') 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 subsections D2a through D2d of this section. However, a maximum of five (5)
such signs are allowed on any one lot or tract. Any sign that is located within twenty five feet (25') of
a corner (the point where property lines intersect) will count as two (2) signs; one toward the sign
allowance for each frontage.
Table 5B-3: Sign Specifications And Provisions
In The CH -1, CC -2, And CIA Zones
Permitted f
Signs I Maximum Sign Area
----- —— —
Awning �25% of awning surface
signs
Maximum
Height
Provisions
Top edge of first
Each storefront is
story awning
allowed up to a total of
3 signs from the
following sign types:
canopy signs, awning
signs, and projecting
signs. Awning signs
are only allowed on
first story awnings.
Barbers'
poles
Canopy
! Signs cannot exceed
signs
! 90% of street facing
canopy length and be
no more than 24 inches
in height.
Top edge of first
! story canopy
Maximum diameter: 9
in.
i
Maximum length: 3 ft.
Each storefront is
allowed up to a total of
3 signs from the
following sign types:
canopy signs, awning
signs, and projecting
signs.
Signs may be mounted
I on the face of the
canopy, upright -0n the
top of the canopy or
underneath the
canopy. See applicable
dimensional provisions
for each type.
Signs mounted under a
canopy with the face
perpendicular to the
building will be
considered storefront
projecting signs and
regulated accordingly.
Said sign may not
project beyond the
outer edge of the
canopy.
Signs mounted on the
face of the canopy may
not project beyond the
edges of the canopy.
Signs mounted on top
of the canopy must
consist of individual
letter forms and may
not extend more than
24 inches in height
above the canopy.
Canopy signs may be
intemally or externally
For a sign located on
illuminated or halo
the side of the archway,
back lit. i
rDirectional 13
sq. ft. per sign face
--
--
signs
may not exceed 33% of
entranceway structure.
May be double faced
for total area of 6 sq.
Minimum clearance
ft I
I
Entranceway
For signs located above
20 ft.
Up to 1 sign per facade
signs
or across the top of the
of the entranceway
subject archway, the
arch. I
area of the sign may
signs across walkways.
not exceed 25% of the
The sign may not
area delineated by the
-- ------ -
contain changeable
subject archway
copy. j
For a sign located on
Sign copy may not j
the side of the archway,
extend beyond the
the area of the sign
edges of the
may not exceed 33% of
entranceway structure.
the surface area of the
side of the archway
Minimum clearance
support on which the
height is 10 ft. for i
sign is located. (See
entranceway signs
section 14-5B-7,
across driveways and 8
"Measurement
ft. for entranceway
Standards", of this
signs across walkways.
article-)
— -- — - –
-- ------ -
--
Entranceway signage `
as specified herein will
count as 1 sign 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 base
sign, or masonry wall
sign located at the
subject entrance.
Fascia signs
Flags
Freestanding
signs
Freestanding
wide base
signs
15% of sign wall area
I -
Individual sign in CC -2
and CI -1:
Up to 2 sq. ft. per linear
foot of lot frontage, not
'to exceed 125 sq. ft.
per sign face.
May be double faced
for a total area of 250
sq. ft.
I Individual sign in CH -1
For property within
1,000 ft. of an interstate
highway right of way, 1
of the property's allotted
freestanding signs is
allowed to be up to 250
sq. ft. per sign face,
which may be double
faced for a total area of
500 sq. ft.
Common sign: The
maximum area of a
common sign may be
50% larger than the
area of the maximum
individual sign allowed.
Individual sign: Up to 2
sq. ft. per linear foot of
lot frontage, not to
exceed 125 sq. ft. per
sign face.
May be double faced
for a total of 250 sq. ft.
-- 1 additional flag may
be displayed in
j conjunction with any
city, county, state or
federal flags.
26 ft. [ Maximum width: 10 ft.
When 2 or more uses
are located on a lot, a
common sign may be
No permit is required.
.25 ft., however, in
When 2 or more uses
the CH -1 district,
'are located on a lot, a
property within
I common sign may be
' 1,000 ft. of an
installed.
!interstate
highway right of
i
way may have 1
freestanding sign
with a maximum
height not to
exceed 65 ft.
26 ft. [ Maximum width: 10 ft.
When 2 or more uses
are located on a lot, a
common sign may be
Common sign: The
installed.
maximum area of a
common sign may be
50% larger than the
area of the maximum
;
individual sign allowed.
Identification
i 2 sq. ft.
--
No permit is required.
and integral
except as allowed in
signs
Provisions.
i A larger integral sign
may be allowed when
said sign delineates the
name of the building.
Size shall be regulated
as a fascia sign. A
permit is required.
Masonry wall
Up to 1 sq. ft. per linear
11 ft. less than the
1 masonry wall sign is
signs
'foot of lot frontage, not
height of the
allowed in lieu of a
to exceed 50 sq. ft. per
masonry wall, not
monument,
sign
to exceed 12 ft.
freestanding, or
In addition, the sign
freestanding wide base
sign.
may not exceed 15% of
the total area of the
face of the masonry
wall
Monument
I Individual sign: Up to 2
5 ft.
When 2 or more uses
signs
sq. ft. per linear foot of
are located on a lot, a
lot frontage, not to
common sign may be
exceed 50 sq. ft. per
installed.
sign face
May be double faced
for a total area of 100
sq. ft.
i
Common sign: The
maximum area of the
common sign may be
50% larger than the
area of the maximum
individual sign allowed.
Storefront
9 sq. ft.
Top of the first
Each storefront is
projecting
May be double faced
story located
allowed up to a total of
signs
for a total of 18 sq. ft,
below any
3 signs from the
second floor
following sign types:
Upper level
projecting
signs
The size of a storefront windowsill
projecting sign may be
increased up to 18 sq.
ft. (may be double j
faced for a total area of
,36 sq. ft.) if the sign and '
storefront meet the
following criteria: The
I floor to ceiling height of
the ground level floor is
a minimum of 18 ft. and i
the sign is vertically
proportioned.
2 story: 30 sq. ft. with
maximum 4ft projection
from the face of the
building.
3 story: 80 sq. ft. with
maximum 5ft projection
Cannot extend
above the bottom
of the cornice
and/or roofline at
the top of the
building and no
canopy signs, awning
signs, and projecting
signs. There must be
12ft between projecting
signs.
May not project more
than 4 ft. from the
building wall.
External illumination is
permitted provided
there no more than 2
spotlights of no more
than 2,000 lumens
shining directly on the
sign and provided they
meet the trespass
standards in article G
of this chapter.
Internal illumination
may be permitted for
'halo back lit or neon
letters. Internally
illuminated plastic trim
cap letters and cabinet
signs where the entire
face of the cabinet is
illuminated are
prohibited.
t_
Permitted to be a three
dimensional model of
an object, such as a
1 globe or book. If three
dimensional, the sign is
permitted to rotate.
Only permitted when
the use occupies the
entire building and the
building frontage is
greater than 60ft. or
when the use is a
Time and
temperature
signs
Window
signs
from the face of the
building
4 story and taller: 150
sq. ft. with a maximum
of 6ft from the face of
the building
May be double faced.
r
25 sq. ft. per sign face
May be double faced
for a total area of 50 sq.
ft.
25% of window area
lower than the
bottom of the
second floor
window sill.
indoor commercial
recreational use or
hospitality oriented
retail use.
I Sign can be no closer
than 5ft from adjacent
buildings and no closer
than 15ft from adjacent
I upper level and
'storefront projecting
I
signs.
I
Internal and external
illumination is allowed
except internally
illuminated plastic trim
cap letters and
internally illuminated
cabinet signs are
prohibited.
Permitted only in the
CC -2 zone.
I Signs must not project
more than 6ft. into the
public right of way.
I If located on or-in-
required
rinrequired storefront
windows, window signs
shall be displayed in a
manner that does not
block views into the
interior of the
storefront.
14 -5B -8E: Sign Standards In 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 of
this section.
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 56-4 of this section. Unless specifically limited in table 513-4 of
this section, located at the end of this subsection, any number of signs may be installed.
I Signage for residential uses must comply with the requirements for residential uses in the RM zones
as stated in table 513-1 of this article. (Ord. 08-4319, 11-3-2008)
4. Cabinet signs where the entire face of the cabinet is internally illuminated and internally illuminated
plastic trim cap letters are prohibited.
Table 513-4: Sign Specifications And
Provisions In The CB -2, CB -5 And CB -10 Zones
Permitted
Signs
Awning
signs
Barbers'
poles
r-- ----
Canopy
signs
Maximum
Sign Area
X25% of awning surface
Sign cannot exceed
90% of street facing
canopy length and no
more than 24 inches in
height
Maximum
Height
Provisions
Top edge of
Each storefront is
first story
(allowed up to a total of 3
awning
signs from the following
sign types: canopy signs,
awning signs, and
projecting signs. Awning
signs are only allowed
on first story awnings.
Note: See 14 -3C -3C for
awning and canopy
design standards.
--
(Maximum diameter: 9 in.
Maximum length: 3 ft.
Top edge of Each storefront is
first story allowed up to a total of 3
canopy signs from the following
sign types: canopy signs,
awning signs, and
projecting signs.
Signs maybe mounted
on the face of the
I--- ---
Directional
signs
Entranceway
3 sq. ft. per sign face
May be double faced for
total area of 6 sq. ft.
For signs located above
canopy, upright on the
top of the canopy or
underneath the canopy.
See applicable
dimensional provisions
for each type.
Signs mounted under a
canopy with the face
perpendicular to the
I building fagade will be
considered storefront
projecting signs and
regulated accordingly.
'Said signs may not
project beyond the outer
edge of the canopy.
Signs mounted on the
face of the canopy may
not project beyond the
edges of the -canopy.
Signs mounted on the
top of the canopy must
consist of individual letter
forms and may not
extend more than 24
inches in height above
I the canopy.
:anopy signs may be
ntemally or externally
Iluminated or halo back
it. Internally illuminated
;abinet signs where the
m ire face of the cabinet
s illuminated and plastic
rim cap letters are
>rohibited.
20 ft. rup to 1 sign per facade
signs
or across the top of the
of the entranceway arch.
subject archway, the
area of the sign may not
The sign may not contain
exceed 25% of the area
changeable copy.
delineated by the
subject archway
Sign copy may not
extend beyond the
For a sign located on
edges of the
the side of the archway,
entranceway structure.
the area of the sign may
not exceed 33% of the
Minimum clearance
surface area of the side
height is 10 ft. for
of the archway support
entranceway signs
on which the sign is
across driveways and 8
located. (See section
ft. for entranceway signs
14-513-7, "Measurement
across walkways.
Standards", of this
article.)
An entranceway sign is
not allowed if the
property has a masonry
wall sign, monument
sign, or freestanding
sign.
Fascia signs
1.5 times the length of
--
No longer than 90%of
the street facing facade.
the length of the facade
or sign band.
Back lit cabinet signs,
where the entire face is
illuminated, are
prohibited.
Internally illuminated
plastic trim cap letter
forms are prohibited.
Flags -- -- 1 additional flag may be
displayed in conjunction
with any country, state or
city flags.
No permit is required.
Freestanding 2 sq. ft. per linear foot of 20 ft. Allowed only in the CB -2
signs j lot frontage, not to
exceed 40 sq. ft. per
sign face
Identification 2 sq. ft.
and integral Except as allowed in
signs Provisions.
rMasonry wall 1 sq. ft. per linear foot of
signs lot frontage, not to
exceed 50 sq. ft.
In addition, the sign
zone.
I Only 1 freestanding sign
is allowed per lot.
Allowed only through
approval of a minor
modification. Applicant
must provide convincing
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.
A freestanding sign is
not allowed if the
property has a
monument sign,
entranceway sign, or
masonry wall sign.
-- No permit is required.
A larger integral sign 1.5
times the length of the
street facing facade may
be allowed when said
sign delineates the name
of the building. A permit
is required.
1 ft. less than
Only 1 masonry wall sign
the height of
is allowed per lot.
the masonry
wall, not to
A masonry wall sign is
exceed 12 ft.
not allowed if the
may not exceed 15% of
the total area of the face
of the masonry wall
i
Monument 24 sq. ft. per sign face
signs
May be double faced for
a total area of 48 sq. ft.
i
I
Portable i 6 sq. ft. per sign face
signs
'May be double faced for
a total area of 12 sq. ft.
HII
property has a
monument sign,
entranceway sign or
freestanding sign.
Only 1 monument sign is
allowed per lot or tract.
I When 2 or more uses
are located on a lot, a
common monument sign
may be installed. A
common monument sign
imay identify up to 4 uses
i per sign face.
I A monument sign is not
allowed if the property
has a freestanding sign,
an entranceway sign, or
a masonry wall sign.
Up to 1 non -illuminated
portable sign is allowed
per storefront. A
maximum of 1 additional
sign is allowed for
businesses not located
on the ground floor,
which may be for 1 or
more of those
businesses.
The entire sign must be
placed: 1) on private
property; 2) within or on
the fenced delineated
area of a sidewalk cafe;
or 3) on city right of way
within an area no more
than 30 in. from the front
facade wall and/or front
property line of the
building containing the
business.
The sign may not block
Storefront
projecting
signs
�9 sq. ft. Top of the first
story located
May be double faced for below any
a total of 18 sq. ft. second floor
windowsill
The size of a storefront
projecting sign may be
increased up to 18 sq.
ft. (may be double faced
for a total area of 36 sq.
ft.) if the sign and
storefront meet the
access to any doorway.
When placed on city
right of way, a clear,
I unobstructed 8 ft. path
between the sign and
any streetscape
amenities, planters,
delineated sidewalk cafe
areas or obstructions
must be maintained.
The sign must be moved
inside the business when
the business is closed.
The sign must be
constructed of durable
materials and weighted
'to provide stability in all
weather conditions.
Plastic signs are
prohibited.
External weights
separate from the sign
itself, such as sandbags,
are not permitted.
A maximum of 2 sign
faces are allowed per
sign. Sign faces can be
separated if placed on a
fence for sidewalk cafe.
Each storefront is
allowed up to a total of 3
signs from the following
sign types: canopy signs,
awning signs, and
projecting signs. There
must be at least 12 feet
between projecting
signs.
i
A projecting sign may
not project more than 4 {
following criteria: The
floor to ceiling height of
the ground level floor is
a minimum of 18 ft. and
the sign is vertically
proportioned.
Upper level
2 story: 30 sq. ft. with
projecting
maximum 4ft projection
signs
from the face of the
roofline at the
building.
top of the
,3 story: 80 sq. ft. with
building and no
maximum 5ft projection
lower than the
from the face of the
bottom of the
building
second floor
4 story and taller: 150
sq. ft. with a maximum
[ft. from the building wall.
Storefront projecting
signs are permitted to be
a three dimensional
model of an object, such
as a globe or book. If
,three dimensional, the
sign is permitted to
orotate.
External illumination is
permitted provided there
! are no more than 2 small
spotlights of no more
than 2,000 lumens
shining directly on the
sign and provided they
I meet the light trespass
standards in article G of
this chapter.
Internal illumination may
be permitted for halo
back lit or neon letters.
Internally illuminated
plastic trim cap letters
and internally illuminated
cabinet signs where the
entire face of the cabinet
is illuminated are
prohibited.
Cannot extend
above the
r -- ---
bottom of the
F- ---- ----"- -- -"—
cornice and/or
Only permitted when a
roofline at the
use occupies the entire
top of the
building and the building
building and no
frontage is greater than
lower than the
60ft. or when the use is a i
bottom of the
indoor commercial
second floor
recreational use or a
Banner
projecting
signs
I of 6ft from the face of
i the building
May be double faced.
Same allowances as
Upper level projecting
signs
'window sill. hospitality oriented retail
use.
Same
restrictions as
Upper level
projecting signs
Sign can be no closer
than 5ft from adjacent
buildings and no closer
than 1 5f from adjacent
upper level and
storefront -projecting
signs.
i
Internal and external
illumination is allowed
except internally
illuminated plastic trim
I cap letters and internally
illuminated cabinet signs
where the entire face of
I the cabinet is illuminated
are prohibited.
r
Only permitted on multi-
use buildings where
access to uses is
primarily through a
common lobby from the
street such as an indoor
shopping mall or where a i
single use occupies a
large multi -story building
with more than 100 ft of
frontage.
Banners must be
mounted perpendicular
to the building with
permanent brackets at
both top and bottom.
Banners can be no
closer than 5 foot from
adjacent buildings and
no closer than 1 5f from
adjacent upper level and
'storefront projecting
signs.
A minimum of three
banners is required to
establish a consistent
rhythm and visual
'impact.
Time and
125 sq. ft. per sign face --
:Signs must not project
temperature
more than 6 ft. into the
signs
May be double faced for
public right of way
a total area of 50 sq. ft.
Wall mural
1.5 times the length in i -
Sign must be
painted sign
feet of the street facing
incorporated into a larger
facade of the building.
mural and can only be
placed on an alley
facade or a non -street
facing facade when it
contains a public
entrance to a business.
Window
25% of window area Only permitted
If located on or in
signs
in first floor
required storefront
windows.
windows, window signs
shall be displayed or
affixed in a manner that
does not block views into
the interior of the
storefront.
In CB -10 zones, an
indoor recreational use
may have an electronic
changeable copy window
sign. Maximum size
permitted is 75 sq, ft. or
25% of the window area,
including all other
I
window signs, whichever
is less. Subject to all
regulations found in
section 14-56-4 of this
article.
Table 513-5: Sign Specifications And Provisions
In The Industrial And Research Park Zones
Permitted
r Maximum
Signs
Sign Area
Awning
Must not exceed 25% of
signs
awning surface or 12 sq. ft.
per sign, whichever is less
Canopy
Sign cannot exceed 90% of
signs
street facing canopy length
and no more than 24 inches
in height
Maximum
Height
Top of first
story
I
Top of first
story
Provisions
Signs maybe mounted
on the face of the
canopy, upright on the
top of the canopy or
undemeath the canopy.
See applicable
dimensional provisions
for each type.
Signs mounted under a
canopy may not project
beyond the outer edge
of the canopy.
Signs mounted on the
face of the canopy may
not project beyond the
face of the canopy and
must not extend above
or below the top and
bottom the edges of the
canopy.
Signs mounted on the
top of the canopy must
consist of individual
letter forms and may not
extend more than 24
inches in height above
the canopy.
Canopy signs may be
internally or externally
illuminated or halo back
lit.
Directional In Industrial zones: 15 sq. - -
signs ft. per sign face
May be double faced for
total area of 30 sq. ft.
In Research Park zones: 3
sq. ft. per sign face.
May be double faced for i
total area of 6 sq. ft.
Entranceway For signs located above or 20 ft. Up to 1 sign per facade '
signs across the top of the of the entranceway
subject archway, the area arch.
of the sign may not exceed
25% of the area delineated The sign may not
by the subject archway contain changeable
copy.
For a sign located on the
side of the archway, the Sign copy may not I
area of the sign may not extend beyond the
exceed 33% of the surface edges of the
area of the side of the entranceway structure.
archway support on which
the sign is located. (See
section 14-513-7,
"Measurement Standards",
of this article.) Minimum clearance
height is 10 ft. for
entranceway signs
across driveways and 8
ft. for entranceway signs
across walkways.
An entranceway sign is
not allowed if the
property has a masonry
wall sign.
Fasci isa gns 15% of sign wall area
Flags -- F, 1 additional flag may be
displayed in conjunction
with country, state and
city flags.
i
Freestanding 1 sq. ft. per linear foot of lot
signs frontage, not to exceed 50
sq. ft. except as allowed in
provisions for common
signs.
May be double faced for a
total of 100 sq. ft. or as
allowed in provisions for
common signs._
Identification 1 2 sq. ft.
and integral
signs i
No permit is required.
25 ft. When 2 or more uses
are located on a lot, a
common sign may be
installed. The maximum
area of the common
sign may be 50% larger
than the area of the
maximum individual
sign allowed.
Masonrywall [ Up to -2 sq. ft. per linear foot 1 ft. less
signs I of lot frontage, not to than the
exceed 75 sq. ft. per sign height of the
face masonry
wall
May be double faced for a
total area of 150 sq. ft.
In addition, the sign may
not exceed 15% of the total
area of the face of the
masonry wall
Monument Up to 2 sq. ft. per linear foot 5 ft.
signs of lot frontage, not to
exceed 75 sq. ft. per sign
face
Freestanding signs are
limited to identification
only.
Up to 1 of these signs is
allowed per building.
No permit is required
At each entranceway,
up to 2 masonry wall
signs may be
established, if no
freestanding,
entranceway,
monument or other
nonbuilding signs are
located at that
entranceway.
In the ORP zone,
masonry wall signs up
to 12 ft. in height may
be established in the
required front setback,
provided the signs are
located a minimum of
20 ft. back from street
right of way lines.
When 2 or more uses
are located on a lot, a
common sign may be
installed. The maximum
area of the common
May be double faced for a
sign may be 50% larger
total area of 150 sq. ft.
than the area of the
maximum individual
sign allowed.
Monument signs are
limited to identification
only.
Window 25% of window area -
--
signs
Table 56-6: Sign Specifications And Provisions For
Off Premises and Temporary Signs
Permitted
Maximum
Maximum
Signs
Sign Area
Height
Provisions
Billboards
f Not to exceed the
Not to exceed
Not permitted in residential,
and other
maximum sign area
the maximum
CO -1, CN -1, CB -5, CB -10,
off
for the subject sign
sign height for
ORP and RDP zones.
premises
type as specified in
the subject
signs
the applicable zone
sign type as
May take the form of any
and will be
deducted from the
specified in
the applicable
type of sign allowed in the
zone in which the sign is
maximum sign
zone.
located and must comply
allowance for the
with all other provisions
subject property.
Billboards: 25
specified for the subject
ft.
zone.
Billboards: 72 sq. ft.
may be double
Only 1 off premises sign is
faced for a total
allowed per lot or tract.
area of 144 sq. ft.
2 or more uses may install a
common off premises
directional sign.
Shall not be located within
300 ft. of another off
premises sign.
Shall not be located within
120 ft. of a residential zone,
parks and open space use,
educational facility,
religious/private group
assembly use, public
museum or government
administrative or judicial
office.
Billboard signs shall not
apply toward maximum sign
allowance for the lot or
tract.
Temporary
-- I No permit is required.
signs in
windows
Temporary
signs
In ID and
In residential
'Residential zones:
zones: 5ft
,4 sq. ft.
I In all other
In all other zones:
zones: 10ft
32 sq. ft.
Maybe double
faced for a total of 8
sq. ft and 64 sq. ft.
respectively.
i
i
All zones: 32 sq. ft.
In residential
May be double
zones: 5ft
faced for a total of
In all other
64 sq. ft.
zones: 10ft
All zones: 32 sq. ft.
In residential
May be double
zones: 5ft
faced for a total of
In all other
64 sq. ft.
zones: 10ft
100 sq. ft. allowed 10ft
Posters and other
nonpermanent signs in
windows are allowed, but
may only be displayed for a
temporary period of time, not
to exceed 60 days. If located
in or on required storefront
windows, window signs shall
be displayed in a manner
that does not block views
into the interior of the
storefront.
No permit is required
No illumination is allowed.
1 sign may be located on a
lot and/or parcel when being
advertised for sale or lease.
Must be displayed in yard or
window. Cannot be affixed
to building.
Must be removed 48 hours
after the sale or lease of
property.
1 sign may be located on a
lot and/or parcel when
construction and/or
development is occurring on
said lot or parcel. Must be
removed upon issuance of
Certificate of Occupancy or
upon completion of
construction.
1 sign may be located on a
development area of 2 acres
or more. Must be removed
upon the sale or lease of
50% of the lots or units in
the development.
1 sign may be located on a
fin all zones except
residential zones
4 sq. ft.
May be double
sided for a total of 8
1 sq. ft.
In all zones: 5
ft.
lot and/or parcel for a period
not to exceed 60 days when
a business has recently
opened or is in the process
of closing or when events of
civic interest, a philanthropic
or non-profit organization
are occurring on the
property.
Banners are permitted for
these situations.
1 sign may be located on a
lot and/or parcel for a period
not to exceed 14 days and
no more than two occasions
in any calendar year.
14-9C-1: DEFINITIONS:
As used in chapter 5, article B, "Sign Regulations", of this title, the following definitions shall apply.
The general definitions contained in chapter 9, article A of this title shall apply to all terms used in
chapter 5, article B of this title that are not defined in this section.
ANIMATED SIGN: Any sign or part of a sign which, through the use of moving structural elements,
flashing or sequential lights, lighting elements, or other automated method, results in movement, or
the appearance of movement.
AWNING SIGN: A building sign placed on the surface of an awning.
BALLOON: An inflatable bag filled with gas or hot air and displayed in such a way as to attract
attention to the premises on which it is located.
BANNER: A strip of flexible material, such as cloth, paper or plastic, securely fastened on all comers
to a building or structure.
BILLBOARD: An off premises sign on which poster panels or bulletins are mounted. For purposes of
this title, billboard signs are not considered freestanding signs or monument signs.
BUILDING SIGN: Any sign attached to a building or to an appurtenance of a building in any way.
CABINET SIGN: A sign constructed like a cabinet with a flat translucent face and structural and
lighting components located within the cabinet.
CANOPY SIGN: A building sign attached to or in any way incorporated with the face, underside or
roof of a canopy, marquee or any other similar building projection. Extensions of a flat topmost roof
past a building wall are not considered canopies for purposes of this section.
CHANGEABLE COPY/CHANGEABLE COPY SIGN: A sign, or part of a sign, such as a reader
board, where the copy is easily changed manually or by electronic means as specified in chapter 5,
article B, "Sign Regulations", of this title.
COMMON SIGN: A sign that serves two (2) or more uses.
DIRECTIONAL SIGN: A sign designed to guide or direct pedestrian or vehicular traffic.
ELECTRONIC SIGN: A sign that displays a changing message through the use of an electronically
controlled and illuminated medium. An "electronic sign" is considered an animated sign.
ENTRANCEWAY SIGN: A nonbuilding 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.
FASCIA SIGN: A single -faced building sign parallel to or at an angle of not more than forty five
degrees (45') from the wall of the building on which it is mounted. Such signs do not extend more
than one foot (1') out from vertical walls nor more than one foot (1') out at the sign's closest point
from nonvertical walls.
FLAG: A generally rectangular piece of fabric or vinyl displaying a name, insignia, logo or emblem.
FREESTANDING SIGN: A sign supported by one or more uprights or braces firmly and permanently
anchored in or on the ground and not attached to any building or wall.
FREESTANDING WIDE BASE SIGN: A freestanding sign in which the uprights or braces are clad in
a permanent material such that the entire base has a monolithic or columnar line that maintains
essentially the same contour.
FREESJANDiNG
WIDE -BASE
SIGH
HAZARDOUS SIGN; A sign which, because of its construction or state of disrepair, may fall or cause
possible injury to passersby, as determined by the city; a sign which, because of its location, color,
illumination or animation, interferes with, obstructs the view of or is confused with any authorized
traffic sign, signal or device; or a sign which makes use of the words "stop", "go slow", "caution",
"drive in", "danger" or any other word, phrase, symbol or character in sucha way as to interfere with,
mislead or confuse traffic.
IDENTIFICATION SIGN: A sign displaying the name, address, crest, insignia or trademark,
occupation or profession of an occupant of a building or the name of any building on the premises.
ILLUMINATED SIGN: Any sign in which a source of light is used to make the message readable. An
"illuminated sign" need not be an electronic sign.
INTEGRAL SIGN: A sign carved into stone, concrete or other building material or made of bronze,
aluminum or other permanent type of construction and made a part of the building to which it is
attached.
MASONRY WALL SIGN: An identification sign mounted on the face or inset into a fence or wall
constructed of masonry materials. Such identification sign or set of two (2) signs shall identify one
entity or one group of entities, such as identifying an office research park or industrial park.
MONUMENT SIGN: A permanent sign, not attached to a building, which is mounted low to the
ground and does not exceed five feet (5') in height.
MONUMENT j
SIGN
NONCONFORMING SIGN: A sign, other than a prohibited sign, that does not comply with the
regulations of the zone in which it is located by reason of these or any other regulations adopted
after the installation of the sign.
OBSOLETE SIGN: A sign, or any portion of a support for that sign, that advertises an activity,
business, product or service no longer conducted.
OFF PREMISES SIGN: A sign that directs attention to a use conducted off the lot on which the sign
is located.
ON PREMISES SIGN: A sign with the primary purpose of identifying or directing attention to the lot
on which the sign is located.
PAINTED WALL SIGN: A sign painted directly on an exterior surface of a building other than the
windows.
PARAPET SIGN: A fascia sign installed on a parapet or a parapet wall.
PERMITTED SIGN: A sign allowed in the zone in which it is listed, subject to compliance with the
requirements of the sign regulations.
PLASTIC TRIM CAP LETTERS: A three dimensional channel letter with a plastic or acrylic face
affixed to the channel with a plastic trim piece.
POLITICAL SIGN: A sign promoting candidates seeking public office, a political issue or containing
other election information, such as "vote today". "Political signs" shall not be considered off premises
signs.
PORTABLE SIGN: A sign not firmly and permanently anchored or secured to either a building or the
ground and not expressly permitted in chapter 5, article B, "Sign Regulations", of this title.
PORTA& E
SIGN
POSTER: A temporary sign on a card or sheet of paper, plastic or other similar material.
PROHIBITED SIGN: A sign, other than a nonconforming sign, not permitted by this title
PROJECTING SIGN: A building sign extending more than one foot (1) out from the wall of the
building on which it is mounted. Sub types include:
STOREFRONT: A projecting sign installed on the ground floor street facing fagade of a
building and located below the second floor window sill.
UPPER LEVEL: A projecting sign made of solid durable materials located above the second
floor window sill and below the bottom of the roofline cornice or roofline if no cornice exists.
BANNER: A fabric projecting sign located above the second floor window sill and below the
bottom of the roofline cornice or roofline if no cornice exists.
PUBLIC ART: Any work of art exposed to public view from any street right of way which does not
contain any advertising, commercial symbolism, such as logos and trademarks, or any
representation of a product.
PUBLIC PLACE: Any public street, way, place, alley, sidewalk, square, plaza, pedestrian mall or city
owned right of way, or any other public property owned or controlled by the city and dedicated for
public use.
ROOF SIGN: A sign installed on or above a roof of a building and affixed to the roof.
SIG N
SEASONAL DECORATION: A display, which does not constitute a sign, pertaining to recognized
national, state or local holidays and observances.
SIGN: Any structure or medium, including its component parts, visible to the public from a street or
public right of way and used or intended to be used to direct attention to a business, product,
service, subject, idea, premises or thing. "Signs" shall not include buildings or landscaping. The term
"sign" includes, but is not limited to, all reading matter, letters, numerals, pictorial representations,
emblems, trademarks, inscriptions and patterns, whether affixed to a building or separate from a
building. This definition does not include public art, seasonal decorations and directional symbols on
paved surfaces.
SIGN FACE: The surface of the sign on which reading material, letters, numerals, pictorial
representations, emblems, trademarks, inscription or patterns are affixed.
SIGN WALL: The wall of a building on which a sign is mounted, including elements of the wall or any
member or group of members which defines the exterior boundaries of the side of the building on
which the sign is mounted and which has a slope of forty five degrees (45°) or greater with the
horizontal plane.
SPINNER: A device shaped like a propeller and designed to rotate in the wind to attract attention to
the premises on which it is located.
SWINGING SIGN: A sign that, because of its design, construction, suspension or attachment, is free
to swing or move noticeably because of pressure from the wind.
TEMPORARY SIGN: Temporary signs are constructed of temporary materials, such as paper,
cardboard, wallboard or plywood, with or without a structural frame, and are intended for a
temporary period of display.
TIME AND TEMPERATURE SIGN: A projecting identification sign that shows the current time and
temperature in an electronic, changeable copy format in a manner similar to the following illustration:
WALL MURAL PAINTED SIGN: An identification sign painted directly on an alley wall or on a non -
street facing building wall that contains the main entrance to a business and is incorporated into a
larger painted mural.
WINDOW SIGN: A sign affixed to a window, embedded in a window, or hanging adjacent to a
window and obviously intended to be viewed by the public through the window. This type of sign is
designed to be more permanent in nature and is intended to be displayed for an extended and
indeterminate period of time. This definition does not include merchandise or product displays,
posters, temporary signs painted on windows or other temporary signs.
DEFERRED to 11/15/2016
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ16-00002)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM INTENSIVE COMMERCIAL (CI -1)
ZONE AND PUBLIC (P-1) TO RIVERFRONT CROSSINGS — SOUTH GILBERT DISTRICT (RFC -SG)
ZONE FOR APPROXIMATELY 6.52 ACRES LOCATED AT 1225 S. GILBERT STREET, 1301 S.
GILBERT STREET, AND 1201 S. GILBERT STREET. (REZ16-00002)
WHEREAS, 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC, collective owners of a tract of
land located on South Gilbert Street, desire to redevelop said tract and therefore have requested it be zoned
Riverfront Crossings — South Gilbert (RFC -SG) subject to the same conditions imposed to meet public needs
created by this zoning action;
WHEREAS, the property locally described as 1225 South Gilbert Street and 1301 S. Gilbert are currently
zoned Intensive Commercial (CI -1) Zone and Neighborhood Public (P-1);
WHEREAS, the property locally described as 1201 S. Gilbert Street is currently zoned RFC -SG subject
to certain conditions, including one that established the location of a future pedestrian street, which the
Owners now desire to relocate in alignment with 2'd Street to accommodate the cohesive redevelopment of
the tract, which will include the adaptive re -use of an existing building at 1225 S. Gilbert Street; and
WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an
integral part of the City's Comprehensive Plan and the subject properties are located in the South Gilbert
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the RFC -SG Zone is one of the primary tools being used to transform the auto -dependent,
sometimes quasi -industrial properties in the South Gilbert Subdistrict of Riverfront Crossings, into a new
walkable, mixed-use neighborhood; and
WHEREAS, the RFC -SG Zone allows redevelopment that will create a more pedestrian -friendly
character along Gilbert Street by establishing more space and amenities along the street for pedestrians,
creating a place where people will feel safe and comfortable walking, tempering auto -dominated frontages by
locating buildings closer to the street with parking behind or to the side of buildings, and creating a place
where people can live close to the Iowa River, Ralston Creek and the new riverfront park, and to shopping,
restaurants, and other services; and
WHEREAS, the rezoning of these properties is a desirable step in achieving the vision of the Riverfront
Crossings Master Plan; and
WHEREAS, the increased density of residential living and mix of uses allowed with the RFC -SG zoning
will result in the need for an improved "public realm," including better street connections that create
developable frontage areas for new buildings, safer and more attractive areas for people to walk and bike,
usable open space, and the possibility for green infrastructure to address quantity and quality of stormwater
run-off appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront Crossings
Park; and
WHEREAS, the requested rezoning will result in a significant increase in the residential population in the
area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian
streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right-
of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert
Street, and for access to parking areas interior to the block will be needed to ensure public safety and to
provide a more attractive environment for residential living; and
WHEREAS, the request to shift the previously designated pedestrian street north to align with 2nd Street
is an equally desirable location for the east -west pedestrian street connection from Gilbert Street to the new
Riverfront Park; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and relocation of
the pedestrian street location and determined that they comply with the Comprehensive Plan, provided: land
is dedicated to the City to widen the Gilbert Street right-of-way to create a larger landscape buffer between
the traffic lanes and the public sidewalk, and to establish a buffer and pedestrian area along the Ralston
Creek frontage; public access easements are granted to establish a rear lane for vehicular access to parking
areas and future traffic circulation between neighboring properties and to establish a pedestrian street that
aligns with 2nd Street; and to require that the tract of land be subdivided prior to issuance of any building
7b
Ordinance No.
Page 2
permit for any portion of the tract to establish the aforementioned street, alley, and block pattern anticipated
in the Riverfront Crossings Master Plan; and
WHEREAS, Iowa Code §414.5 (2015) 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 Owners have agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the
requested development 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, that property legally described below is hereby zoned Riverfront Crossings — South Gilbert (RFC -SG):
1201 S. Gilbert Street
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF
COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's
Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book
16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 001'45"E, along the
West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 *01'45"E along
said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet; Thence N08'00'1 1"E, 445.88 feet, to a
Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88'41'01 "E,
along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence
N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
1225 & 1301 S. Gilbert Street
A parcel of land in Government Lot 3 in the SW1/4 of Section 15 T79N R6W of the 5th PM in Iowa City,
Johnson County, Iowa, said parcel being particularly described as follows. Beginning at a point (the point
of beginning) being 440 feet south of the northeast corner of Block 3 in Cook, Sargent and Downey's
Addition to Iowa City, Iowa, and on the west line of Gilbert Street (formerly Linn Street and formerly Cook
Street) thence south along the west line of Gilbert Street to the intersection of the west line of Gilbert
Street and a line which lies 110 feet normally distant northeasterly of and parallel to the centerline of
primary road No US 6, thence northwesterly along a line 110 feet normally distant northeasterly of and
parallel to the centerline of said primary road No US 6 to the easterly bank of Ralston Creek, thence
northerly along the easterly bank of Ralston Creek a point that is 450 feet west of the point of beginning,
thence east 450 feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook,
Sargent and Downey's Addition to the point of beginning.
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(s) and the
City, following passage and approval of this Ordinance.
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.
Ordinance No.
Page 3
Passed and approved this day of .2016.
MAYOR
ATTEST:
CITY CLERK
App oved by
City Attorney's Office /V/� 7A,
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC,
(collectively referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 8.52 acres of
property located at 1201 S. Gilbert Street, 1225 S. Gilbert Street, and 1301 S. Gilbert Street in
Iowa City; and
WHEREAS, the Owners have requested the rezoning of property at 1225 S. Gilbert
Street and 1301 S. Gilbert Street from Intensive Commercial (CI -1) and Neighborhood Public
(P-1) to Riverfront Crossings — South Gilbert (RFC -SG); and to modify the location of a
pedestrian street established pursuant to a conditional zoning agreement for property at 1201 S.
Gilbert Street; and
WHEREAS, Iowa Code §414.5 (2015) 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 increased density of residential living and mix of uses allowed with the
RFC -SG zoning will result in the need for an improved "public realm," including better street
connections that create developable frontage areas for new buildings, safer and more attractive
areas for people to walk and bike, usable open space, and the possibility for green infrastructure
to address quantity and quality of stormwater run-off appropriate to an urban neighborhood
adjacent to Ralston Creek and the new Riverfront Crossings Park; and
WHEREAS, the requested rezoning will result in a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street
and along planned pedestrian streets that provide access to the new park, trails, and the Iowa
River and, therefore, additional public right-of-way and access easements for planned pedestrian
streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior
to the block will be needed to ensure public safety and to provide a more attractive environment
for residential living; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan and the need for a safe,
attractive, and comfortable environment for residential living, including access to parks, trails,
and public space amenities, and improved pedestrian, bicycle, and vehicular routes.
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure an appropriate environment for residential living, including access to parks,
trails and public space amenities, improved pedestrian and bicycle safety and comfort and to
provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with
the Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owners are the collective the legal title holders of the property legally described as
follows:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S
ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of
Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page
84, of the Records of the Johnson County Recorder's Office; Thence S01 °0145"E, along
the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing
501°01'45"E along said West Line, 360.00 feet; Thence S88°41'01"W, 450.00 feet;
Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line
of said Vacated Block Three; Thence N88°41'01"E, along said Westerly Extension and
North Line, 260.00 feet; Thence S01001'45"E, 80.00 feet; Thence N88041'01"E, 120.00
feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
01r,
A parcel of land in Government Lot 3 in the SW1/4 of Section 15 T79N R6W of the 5th
PM in Iowa City, Johnson County, Iowa, said parcel being particularly described as
follows. Beginning at a point (the point of beginning) being 440 feet south of the
northeast corner of Block 3 in Cook, Sargent and Downey's Addition to Iowa City, Iowa,
and on the west line of Gilbert Street (formerly Linn Street and formerly Cook Street)
thence south along the west line of Gilbert Street to the intersection of the west line of
Gilbert Street and a line which lies 110 feet normally distant northeasterly of and parallel
to the centerline of primary road No US 6, thence northwesterly along a line 110 feet
normally distant northeasterly of and parallel to the centerline of said primary road No
US 6 to the easterly bank of Ralston Creek, thence northerly along the easterly bank of
Ralston Creek a point that is 450 feet west of the point of beginning, thence east 450
feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook,
Sargent and Downey's Addition to the point of beginning.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and
Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further,
the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa
City may impose reasonable conditions on granting a rezoning request, over and above
the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any occupancy permit, land shall be dedicated along South
Gilbert Street to improve conditions along the street necessary for the increase in
pedestrians, bicyclists, and motorists anticipated with the rezoning according to
the goals and objectives of the Riverfront Crossings Master Plan. The ROW
dedication shall be 40 feet in depth along the frontage of properties locally
described as 1225 S. Gilbert and 1201 S. Gilbert Street. To accommodate
adequate pedestrian space along the street near the intersection with U.S.
Highway 6, dedication shall be 50 feet in depth along the frontage of property
locally known as 1301 S. Gilbert Street. The Owners may continue to use any
portion of the dedicated right-of-way pursuant to an agreement with the City for
temporary use of right-of-way, until such time as Gilbert Street is improved or
when properties along Gilbert Street are redeveloped, whichever occurs first.
b. Prior to issuance of any occupancy permit, a strip of land 30 feet in depth as
measured from the top of the bank of Ralston Creek along all properties
described above shall be dedicated to the City, which shall be cleared of any
existing structures and materials at Owner's expense once the business currently
operating at 1301 S. Gilbert Street ceases operation.
c. Prior to issuance of a building permit for any new building on any of the subject
properties, a final plat shall be approved that establishes a private street that
extends west from Gilbert Street to the 30 -foot Ralston Creek pedestrian street
established pursuant to Paragraph 3b above. This street must align with 2"tl
Street and have a minimum 60 -foot right-of-way for the pedestrian street portion
and 80 feet for the vehicular portion. In addition, the final plat shall establish a 30 -
foot wide cross -access easement in a location parallel to and west of Gilbert
Street in a manner that will provide adequate lot depth for new buildings that front
on Gilbert Street in compliance with the RFC -SG Zone, safe and adequate traffic
circulation, and access to parking according to the Riverfront Crossings Master
Plan. This public cross -access easement must be designed as a private rear
alley that provides access to parking areas located behind buildings, as
illustrated in the Riverfront Crossings Master Plan and according to the RFC -SG
zoning standards.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. 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.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
8. 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.
9. 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 Owners' expense.
3
Dated this 21 sitdayof (9CAL-01,' 2016.
CITY OF IOWA CITY
James Throgmorton, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) as:
JOHNSON COUNTY )
This Instrument was acknowledged before me on , 2016 by James
Thmgmorton and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) as:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
4
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Th' instr�u fment was acknowledged before moon ls 2016 by
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Prepared by: Karen Howard,
THIS AGREEMENT is I
(hereinafter "City"), and
(collectively referred to he
NK_ Washington, Iowa City, IA 52240 (31
VDITIONAL ZONING AGREEME
among the City of Iowa City, I
Gilbert, LLC, Pleasant Valley,
er as "Owners").
(RF116-00002)
a municipal corporation
and 1201 Gilbert LLC,
WHEREAS, Owners ar the collective legal title holde s of approximately 8.52 acres of
property located at 1201 S. Gilb rt Street, 1225 S. Gilbert S eet, and 1301 S. Gilbert Street in
Iowa City; and
WHEREAS, the Owners h ve requested the r zoning of property at 1225 S. Gilbert
Street and 1301 S. Gilbert Street f m Intensive Cc mercial (CI -1) and Neighborhood Public
(P-1) to Riverfront Crossings — So th Gilbert (R C -SG); and to modify the location of a
pedestrian street established pursuan to a conditi al zoning agreement for property at 1201 S.
Gilbert Street; and
WHEREAS, Iowa Code §414.5
reasonable conditions on granting an
regulations, in order to satisfy public ne
WHEREAS, the increased den
RFC -SG zoning will result in the n
connections that create developabl fr
areas for people to walk and bike sal
to address quantity and quality of st
adjacent to Ralston Creek and a new
WHEREAS, the
population in the area,
and along planned ped
River and, therefore, ac
streets, for widening p i
to the block will be n e
for residential living- anc
provides that the City of Iowa City may impose
,it's rezoning request, over and above existing
;ed by the requested change; and
residential living and mix of uses allowed with the
In improved "public realm," including better street
U
for new buildings, safer and more attractive
space, and the possibility for green infrastructure
r run-off appropriate to an urban neighborhood
D t Crossings Park; and
Rested rezoning will
:h will increase the I
an streets that prov
nal public right -of -w;
ian areas along Gilb
to ensure public sai
ult in a significant increase in the residential
:strian and bicycle traffic along Gilbert Street
access to the new park, trails, and the Iowa
ind access easements for planned pedestrian
Street, and for access to parking areas interior
and to provide a more attractive environment
WHERE certain conditions and res ictions are reasonable to ensure the
development o he property is consistent with the C mprehensive Plan and the need for a safe,
attractive, an comfortable environment for residen al living, including access to parks, trails,
and public space amenities, and improved pedestrian bicycle, and vehicular routes.
WH REAS, the Planning and Zoning Commissi n has determined that, with appropriate
conditio s to ensure an appropriate environment for re idential living, including access to parks,
trails a d public space amenities, improved peclestriark and bicycle safety and comfort and to
provide for safe traffic circulation upon redevelopment, he requested zoning is consistent with
the Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual prdfnises contained herein, the parties
agree as follows: \
1. Owners are the collective the legal title holders of the property legally described as
follows:
A PORTION OF THE
SECTION 15,Tow
MERIDIAN, IOWA 1
VACATED BLOCKS
ADDITION, DESCRII
Vacated Block Three,
'NORTHEAST QUARTER�G
SHIP 79 NORTH, RANGE E
TY, JOHNSON COUNTY, I
THREE AND SIX OF CO
IED AS FOLLOWS: Comn
Cook's, Sargent, and Down
County, Iowa, in accor nce with the Plat thereof R
84, of the Records of the ohnson County Recorder's
the West Lineof Gilbert reet, 80.00 feet, to The Po
S01°01'45"E along said est Line, 360.00 feet;
Thence N08°00'11"E, 445.8 feet, to a Point on the
of said Vacated Block Thre Thence N88°41'01" ,
North Line, 260.00 feet; The ce I °01'45"E, 8 .00
feet, to the Point of Beginnirig. Said
square feet), and is subject to same
THE SOUTHWEST QUARTER OF
VEST, OF THE FIFTH PRINCIPAL
A, INCLUDING A PORTION OF
C , SARGENT, AND DOWNEY'S
And
A parcel of land in Government
PM in Iowa City, Johnson Coi
follows. Beginning at a point
northeast corner of Block 3 in C
and on the west line of Gilbert
thence south along the west lip
Gilbert Street and a line whicV Ii
to the centerline of pr
normally distant north(
US 6 to the easterly b;
Ralston Creek a point
feet along a line para)
Sargent and Downe s
2. The Owners
of the Comp
Riverfront Ci
the parties
City may im
the existin�
change. /
drly of an
of Ralston
t is 450 f
'
i ng at the Northeast Corner of
e 's Addition to Iowa City, Johnson
e orded in Deed Book 16, at Page
ffice; Thence S01°01'45"E, along
i t of Beginning; Thence continuing'
hence S88°41'01"W, 450.00 feet;
esterly Extension of the North Line
along said Westerly Extension and
feet; Thence N88041'01"E, 120.00
Parcel contains 3.97 Acres (172,998
rictions of record.
3 i the SW1/4 of Section 15 T79N R6W of the 5th
Awa, said parcel being particularly described as
point of beginning) being 440 feet south of the
Sargent and Downey's Addition to Iowa City, Iowa,
at (formerly Linn Street and formerly Cook Street)
Gilbert Street to the intersection of the west line of
10 feet normally distant northeasterly of and parallel
US 6, thence northwesterly along a line 110 feet
parallel to the centerline of said primary road No
reek, thence northerly along the easterly bank of
e t west of the point of beginning, thence east 450
el with and 44 feet south of the north line of Block 3 in Cook,
Addition to the oint of beginning.
ack wledge that the City
eh sive Plan, including tt
ings Master Plan, and
nowledge that Iowa Co(
ose reasonable conditions
regulations, in order to (
wishes to ensure conformance to the principles
e South Gilbert Subdistrict of the Downtown and
Oe Owners intend to comply therewith. Further,
§414.5 (2015) provides that the City of Iowa
n granting a rezoning request, over and above
tisfy public needs caused by the requested
3. In con ideration of the City's rezoning the subject property, Owners agree that
devel pment of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any occupancy permit, land shall be dedicated along South
Gilbert Street to improve conditions along the street necessary for the increase in
pedestrians, bicyclists, and motorists anticipated with the rezoning according to
the goals and obje 'ves of the Riverfront Crossings aster Plan. The ROW
dedication shall b 40 feet in depth along the frontage of properties locally
described as 12 S. Gilbert and 1201 S. Gilbert Stree To accommodate
adequate pedest an space along the street near the int rsection with U.S.
Highway 6, dedic tion shall be 50 feet in depth along the f ontage of property
locally known as 301 S. Gilbert Street. The Owners may ontinue to use any
portion of the de icated right-of-way pursuant to an agree ant with the City for
temporary use of right-of-way, until such time as Gilbe Street is improved or
when properties a ng Gilbert Street are redeveloped, w ichever occurs first.
b. Prior to issuance f any occupancy permit, a strip land 30 feet in depth as
measured from t e top of the bank of Ralston Creek along all properties
described above s all be dedicated to the City, hich shall be cleared of any
existing structures nd materials at Owner's ex nse once the business currently
operating at 1301 Gilbert Street ceases op ration.
c. Prior to issuance o a building permit for new building on any of the subject
properties, a final [at shall be approv that establishes a private street that
extends west from ilbert Street to t 30 -foot Ralston Creek pedestrian street
established pursua t to Paragraph b above. This street must align with 2nd
Street and have a 'nimum 60-fo right-of-way for the pedestrian street portion
and 80 feet for the v hicular po ' n. In addition, the final plat shall establish a 30 -
foot wide cross-acc ss ease ent in a location parallel to and west of Gilbert
Street in a manner th twill ovide adequate lot depth for new buildings that front
on Gilbert Street in c mph nce with the RFC -SG Zone, safe and adequate traffic
circulation, and acce s o parking according to the Riverfront Crossings Master
Plan. This public cro -access easement must be designed as a private rear
alley that provides ccess to parking areas located behind buildings, as
illustrated in the ' e ont Crossings Master Plan and according to the RFC -SG
zoning standard .
4. The conditions cont ned here n are reasonable conditions to impose on the land under
Iowa Code §414.5 2015), and that said conditions satisfy public needs that are caused
by the requested oning chang .
5. In the event t e subject grope is transferred, sold, redeveloped, or subdivided, all
development ill conform with t terms of this Conditional Zoning Agreement.
6. This Cond' ional Zoning Agreem nt shall be deemed to be a covenant running with the
land and ith title to the land, an shall remain in full force and effect as a covenant with
title to t land, unless or until rel ased of record by the City of Iowa City.
7. This Areement shall inure to theb nefit of and bind all successors, representatives, and
assigns of the parties.
8. Nothing in this Conditional Zoning A reement shall be construed to relieve the Owner or
Applicant from complying with all oth r applicable local, state, and federal regulations.
9. This Conditional Zoning Agreement hall 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 Owners' expense.
Dated this dayof
CITY OF IOWA CIT`(
James Throgmorton,
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWI
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
OWNERS
By: 1201 Gilbe LLC
By: 1225 Gil ert LLC
By: Ple?ttant Valley, LP
This instrument was ackno edged efore me on , 2016 by James
Throgmorton and Marian K arr as Ma or and City Clerk, respectively, of the City of Iowa City.
1201 GILBERT LLC ACKNOWLEDGM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
(Stamp or Sea[)
Title (and Rank)
My commission expires:
0
This instrument was acknowledged before me on
(Name(s) of individual(s) as
(type of authority, such as officer or t!ustee) of 1201 GILBERT LLC.
1225 GILBERT LLC
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was
(type of authority, such as
VALLEY,LP
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notary Public in and for
(Stamp or Seal)
Title (and Rank)
My
2016 by
of Iowa
l6efore me on 2016 by
me(s) of individual(s)
trustee) of 1225 GILBERT LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
This instrument was acknowledged before me
2016 by
of individual(s) as
5
Valley, LP.
(type of authority, such as officer or trustee) of Pleasant
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 16-4681
ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO
MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF
IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM TO FURNISH, DELIVER
AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS FOR A
PERIOD OF TEN YEARS.
WHEREAS, the current electric franchise with MidAmerican Energy Company ("MidAmerican") was
granted by Ordinance No. 07-4294 with an effective date of December 4, 2007 and is now codified at
Chapter 1, Title 12 of the City Code; and,
WHEREAS, said ordinance embodies the terms of the agreement reached by the City and
MidAmerican in the negotiations preceding its adoption; and,
WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if
the Council does not adopt a resolution to continue the franchise "more than one, but less than two years
prior to the tenth anniversary" the franchise will terminate; and,
WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise,
Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a
franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a
renewal;
WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before
December 4, 2016; and
WHEREAS, it is in the City's best interest to renew and continue the franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS. Title 12, entitled "Franchises," Chapter 1, entitled "Electricity
Franchise", Section 12-1-2, entitled "Franchise Continuation; Termination" is amended by adding a new
subsection 12-1-2(A) as follows:
A. This franchise is renewed and continued for a period of ten years until December 4, 2027.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 1st day of November 2016.
MAYOR
rove
ATTEST: D- 5'-2 f —
CITY CL City Attorney's Office
Ordinance No. 16-4681
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 10/02/2016
Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None. ABSENT: None.
Second Consideration 10/18/2016
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor. NAYS: None. ABSENT: None.
Date published 11/10/2016
MidAmerican
ENERGY
Honorable Mayor Jim Throgntorlon
Mayor and City Council Members
Iowa City, 1A, 52240-1826
Dear Mayor & City Council:
MidAmerican Energy Company, hereby accepts City of Iowa City, Ordinance No. 16-4681,
granting to MidAmerican Energy Company, its successors and assigns, continuation ofthe
electric franchise for a period of ten (10) years, which franchise ordinance was adopted by the
City Council of Iowa City, Iowa, on the Isr clay of November 2016.
Dated this 7`i' day of November 2016.
Sincerely,
M[DAMERIC N ENERGY,(�OMPANY
By f 11 t1
James Dougherty
Vice President, Electric Distribution
CITY CI ERA'S CFAX KATE
I, Marian Karr, do hereby certify that the foregoing is a true and correct copy of the instrument
tiled by MidAmerican Energy Company, on November 7, 2016, accepting Franchise Ordinance
No. 16-4681.
'.
City Clerk
10
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 16-4682
ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO
MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF
IOWA CITY, A NATURAL GAS SYSTEM TO FURNISH, DELIVER AND SELL
NATURAL GAS TO SAID CITY AND ITS INHABITANTS FOR A PERIOD OF TEN
YEARS.
WHEREAS, the current gas franchise with MidAmerican Energy Company ("MidAmerican") was
granted by Ordinance No. 07-4293 with an effective date of December 4, 2007 and is now codified at
Chapter 2, Title 12 of the City Code; and,
WHEREAS, said ordinance embodies the terms of the agreement reached by the City and
MidAmerican in the negotiations preceding its adoption; and,
WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if
the Council does not adopt a resolution to continue the franchise "more than one, but less than two years
prior to the tenth anniversary" the franchise will terminate; and,
WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise,
Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a
franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a
renewal;
WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before
December 4, 2016; and
WHEREAS, it is in the City's best interest to renew and continue the franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA:
SECTION I. AMENDMENTS. Title 12, entitled "Franchises" Chapter 2, entitled "Gas Franchise",
Section 12-2-2, entitled "Franchise Continuation; Termination" is amended by adding a new subsection
12-2-2(A) as follows:
A. This franchise is renewed and continued for a period of ten years until December 4, 2027
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 1st day ofNovember 2016.
M OR
roved by
ATTEST: fU t,4,1
CITY CLERK- City Attorney's Office
Ordinance No. 16-4682
Page 2
It was moved by Thomas and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 10/04/2016
Voteforpassage: AYES: Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None.
Second Consideration 10/18/2016
Voteforpassage: AYES: Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None.
Date published 11/10/2016
MidAmerican
ENERGY
Honorable Mayor Jim Throgmorion
Mayor and City Council Members
IOIVa City, IA, 52240-1826
Dear Mayor & City Council:
MidAmerican Energy Company, hereby accepts City of [owa City, Ordinance No. 16-4682,
granting to MidAmerican Energy Company, its successors and assigns, continuation of the
natural gas franchise for a period of ten (10) years, which franchise ordinance was adopted by
the City Council of Iowa City, Iowa, on the Is' day of November 2016.
Dated this 7`' day of November 2016.
Sincerely,
MIDAME F,N RGY COMPANY
By
Adam Wright
Vice President, Gas Delivery
CITY CLERK'S CERTIFICATE
I, Marian Karr, do hereby certify that the foregoing is a true and correct copy of the instrument
filed by MidAmerican Energy Company, on November 7, 2016, accepting Franchise Ordinance
No. 16-4682.
�� z1
Citv Clerc
Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887-6160
ORDINANCE NO. 16-4683
CONSIDER AN ORDINANCE AMENDING TITLE 16, PUBLIC WORKS,
CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, TO REQUIRE
APARTMENT BUILDINGS TO PROVIDE RECYCLING SERVICES TO
TENANTS, ALLOW FOR THE CURBSIDE COLLECTION OF FOOD WASTE,
PROHIBIT LANDFILLING OF TELEVISONS AND COMPUTER MONITIORS
AND REQUIRE MATERIALS BEING DISPOSED OF AT THE LANDFILL TO BE
SECURED
WHEREAS, the City of Iowa City solid waste curbside program serves residential premises that
abut a public street and contain four or fewer dwellings; and
WHEREAS, the Iowa City Landfill is designated as an Environmental Management System by
the Iowa Department of Natural Resources and must exhibit continuous improvement in six
topic areas; and
WHEREAS, the Iowa City Landfill wishes to contribute to an increase in the City's STAR score;
and
WHEREAS, the following changes would help meet both EMS and STAR goals; and
WHEREAS, the City of Iowa City wishes to significantly reduce the amount of recyclable
resources entering the Iowa City Landfill; and
WHEREAS, few apartment buildings currently provide recycling services for their tenants,
thereby requiring tenants to utilize recycling drop-off sites if they wish to recycle; and
WHEREAS, an evaluation of curbside recycling programs revealed that convenient collection
programs have the highest rate of participation and most materials collected; and
WHEREAS, requiring the provision of recycling services for all multi -family dwellings, including
the designation of space for recycling containers, supplying appropriate recycling containers,
and contracting for such service from a private recycling company, is a key step toward meeting
the City's goals to promote recycling and waste reduction; and
WHEREAS, the Iowa City Landfill currently operates a composting facility where yard waste,
food waste and other compostable materials are processed; and
WHEREAS, the City of Iowa City currently collects yard waste from residents of Iowa City as a
part of municipal solid waste collection operations; and
WHEREAS, offering services for the curbside collection of food waste would divert an estimated
500 -1,000 tons of waste from the Iowa City Landfill; and
WHEREAS, prohibiting the landfilling of televisions and computer monitors would reduce the
long-term environmental liability at the Iowa City Landfill while also diverting an estimated 340 -
360 tons of waste from the Iowa City Landfill; and
WHEREAS, litter has negative impacts on community aesthetics, water quality and
environmental safety of animals and wildlife; and
WHEREAS, requiring that materials being hauled to the Iowa City Landfill for disposal be
secured or covered would have a positive impact on the landfill, neighboring properties and
community as a whole.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Delete 16-31-1-2 "DEFINITIONS" and replace it with the following:
As used in this Article, the following definitions shall apply.
APPLIANCES: Machines common to residential household use and shall include
refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers,
water heaters, furnaces, air conditioners, dehumidifiers, lawn mowers and any device
containing a gasoline engine, an electric motor or an electric capacitor.
BUILDING DEMOLITION MATERIALS: Waste material from the construction,
destruction or demolition of residential, commercial or industrial buildings, except brick,
foundation materials and untreated wood waste.
BULKY SOLID WASTE: Nonputrescible solid waste consisting of combustible and/or
noncombustible waste materials which are either too large or too heavy to be placed in a
thirty five (35) gallon container and/or safely and conveniently loaded into solid waste
transportation vehicles by solid waste collectors. Bulky solid waste shall also include
televisions, computer monitors, tires, and appliances.
COMMERCIAL SOLID WASTE: Solid waste resulting from the operation of any
commercial, industrial, institutional, agricultural use, residential premises that do not abut
a public street, and residential premises with more than four (4) dwellings.
CORRUGATED CARDBOARD: Fiber material consisting of a fluted corrugated sheet
and one or two flat linerboards, commonly used to manufacture cardboard boxes.
DEMOLITION: Substantial destruction of a building or structure and a substantial
removal of the interior of a building or structure.
DIRECTOR: The City Manager or designee.
DOWNTOWN: Any property zoned CB -10 pursuant to Title 14, "Zoning Code' of this
code.
DWELLING: A building wholly or partially used or intended to be used for residential
occupancy.
FOOD WASTE: Putrescible animal or vegetable wastes resulting from the handling,
preparation, cooking, serving or consumption of food; as well as fiber -based single -use
items including paper towels, uncoated paper plates; as well as biodegradable,
compostable items meeting ASTM D6400 testing for ability to biodegrade and compost
in a commercial compost facility.
HAZARDOUS WASTES: Includes, but is not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic radioactive materials and those wastes
defined as hazardous in the code of Iowa and rules of the Iowa Department of Natural
Resources or its successor, all as amended.
LANDFILL: The Iowa City Landfill and Recycling Center located in Johnson County,
Iowa.
LANDFILL SERVICE AREA: Johnson County, Iowa, including both incorporated and
unincorporated cities located therein, together with the cities of Riverside and Kalona, for
which the City of Iowa City provides landfill services.
LITTER: garbage, rubbish, trash, refuse, waste materials, or debris.
OCCUPANT: Any person who, individually, jointly, or severally with others, shall be in
actual possession of any dwelling or any other improved or unimproved real property.
OPERATOR: Any person who occupies, possesses, uses or owns property within the
Iowa City landfill service area and/or who stores or generates solid waste within the Iowa
City landfill service area.
OWNER: Any person with a legal or an equitable ownership interest in real or personal
property.
PERMIT: The official document or certificate issued by the City Clerk or designee
authorizing a person to place or maintain a solid waste container in the downtown public
right-of-way.
PERSON: Includes an individual, entity, business, firm, corporation, association,
partnership, venture or any combination thereof or any agent, representative or fiduciary
thereof.
PREMISES: A plot, separate tract, or parcel of land with fixed boundaries suitable for
occupancy by a use described in the Iowa City Zoning Code.
PROCESSING: Bailing, compacting, composting, incinerating, recycling, separating and
shredding, together with all other processes whereby solid waste characteristics are
either modified or solid waste quantity is reduced.
PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways,
together with any and all public parks, waterways, squares, spaces, grounds and
buildings.
RECYCLING: Any process by which certain solid waste is collected, separated, and
processed or returned to use in the form of raw materials or products including the
composting of untreated wood waste and yard waste.
RECYCLING MATERIALS CONTAINER: A receptacle used by any person or operator
to store recycling materials during the interval between recycling materials collections.
RECYCLING MATERIALS: Solid waste designated by the City as appropriate for
recycling, such as newsprint, magazines and catalogs, metal cans and plastic containers
and cardboard, as set forth in the Rules and Regulations established by the Director in
accordance with Section 5 herein.
REFUSE: Solid waste not suitable for recycling or reuse.
REFUSE, RESIDENTIAL: Refuse generated from the maintenance and operation of
single-family, duplex, triplex and fourplex dwellings and home occupations operating in
compliance with Title 14, "Zoning Code".
RESIDENCE: Any dwelling either intended for or being used for residential use.
RESIDENTIAL RECYCLING MATERIALS, SMALL-SCALE: Recycling materials
generated from residences with four or fewer dwellings units that abut a public street.
RESIDENTIAL RECYCLING MATERIALS, LARGE-SCALE: Recycling materials
generated from any residence that does not abut a public street or from residential
premises with more than four dwellings.
RESPONSIBLE PARTY: Any applicant or holder of an account for sewer, water and/or
solid waste service and includes any person who pays an individual account for any one
or a combination of the following services: water, sewer and solid waste collection. If
more than one person is listed on an account, both persons shall be deemed a
responsible party for purposes of collection, storage and disposal of solid waste and
compliance with this article.
SOLID WASTE: Unwanted or discarded waste materials in a solid or semisolid state,
including, but not limited to, food waste, ashes, refuse, sludge, yard waste, appliances,
special waste, building demolition materials generated by residential, commercial,
agricultural or industrial activities.
SOLID WASTE DISPOSAL: The process of discarding or getting rid of unwanted solid
waste; in particular, the final disposition of solid waste.
SOLID WASTE MANAGEMENT: The entire solid waste system of planning and
administering storage, collection, removal, transportation, processing and disposal of
solid waste.
SPECIAL WASTE: Solid waste that must be handled or processed in a special manner,
including building demolition materials (except untreated wood waste) and asbestos
containing material (ACM), friable and nonfriable, as defined in the code of Iowa and rules of
the Iowa Department of Natural Resources or its successor, all as amended.
STORAGE: Keeping, maintaining or storing solid waste from the time of its production
until the time of its collection and removal.
TRANSPORTATION: The transporting of solid waste from the place of collection or
processing to the Iowa City landfill.
UNTREATED WOOD WASTE: Includes tree limbs, brush, Christmas trees, and
untreated lumber.
YARD WASTE: Grass, leaves, trees, brush and garden residue.
B. Delete 16 -3H -4(B), the Enforcement notice requirements.
C. Delete 16 -3H -5(A)(7) and replace it with the following: "Collection, transportation,
processing and disposal of solid waste, including the right to determine that certain
waste poses a health or safety risk and declare it unacceptable for disposal at
the Landfill."
D. Delete Iowa City Code of Ordinances 16-31-1-7 COMMERCIAL SOLID WASTE
HAULERS and renumber the subsequent sections accordingly.
E. Delete Iowa City Code of Ordinances 16-31-1-8: STORAGE OF SOLID WASTE,
and replace with the following:
A. It shall be the obligation of any owner to provide and maintain containers for the
proper storage of all refuse and residential recycling materials for each dwelling and/or
premises in accordance with the Rules and Regulations established by the Director in
accordance with Section 5 herein.
B. It shall be the obligation of the occupant of every dwelling, or institutional,
commercial, industrial, or agricultural establishment to place all refuse and recycling
materials to be collected in the appropriate containers according to the provisions of this
Title, to maintain said containers and surrounding areas in a reasonably clean, neat and
sanitary condition at all times, and to deliver said containers to the designated collection
point.
C. Location of Solid Waste Containers:
1. Residential solid waste containers, including those for refuse and recycling
materials, shall be stored upon private property.
2. Commercial refuse containers and large-scale residential recycling material
containers shall be stored upon private property, except as allowed by subsection D
below or where the owner of the container and the owner of the premises have
been granted written permission from the Director, by way of written agreement, to
use public property for such purposes.
3. The storage site for both all solid waste containers shall be well drained and shall
be fully accessible to collection equipment, to public health personnel, and to fire
inspection personnel.
4. Commercial solid waste containers shall not be placed in the area between any
building and the street, including areas commonly referred to as "parking" between
the curb and the private property line. In cases where a container cannot physically
be located anywhere except between the building and street, the Director may
approve storage in such location if properly screened. Containers located within fifty
feet (50') of a street right-of-way must be screened from view from the right-of-way.
5. In the event a solid waste container becomes a nuisance, the City may require
the entire container storage area to be enclosed by a fence or structure sufficient to
prevent litter.
D. Downtown Solid Waste Container:
1. Permit Required: No person shall place or maintain any solid waste container on
the public right of way in the downtown without first obtaining a permit.
2. Permit: A permit system shall be adopted by resolution.
F. That Iowa City Code of Ordinances 16-31-1-9: COLLECTION AND DISPOSAL OF SOLID
WASTE be deleted and replaced with the following:
A. Collection by the City of Iowa City:
1. Collection Of Residential Refuse:
a. The City shall collect all residential refuse, as defined herein. The City shall
make such collections once per week whenever reasonably possible. Private
collection of residential refuse is prohibited. The responsible party will be billed
for collection and disposal in the amount provided in the schedule of fees, title 3,
chapter 4 of this code.
b. The Director may exempt certain dwellings from the City's mandatory
collection herein if the Director determines that the dwelling and an adjacent
establishment which generates commercial solid waste is part of one complex of
buildings, which together serve a unified purpose.
2. Collection Of Residential Yard Waste and Food Waste:
a. Residential yard waste and food waste may be collected by the City in the
same manner as residential refuse and in accordance with the provisions of
subsection Al of this section.
b. The City shall not collect residential yard waste not properly stored and
separated in accordance with this Title.
c. The City shall not collect untreated wood waste generated by commercial tree
service operations.
3. Collection of Residential Recycling Materials, Small Scale
a. Residential Recycling Materials, Small Scale may be collected by the City in
the same manner as residential refuse and in accordance with the provisions of
subsection Al of this section. The City shall not collect such waste not properly
stored and separated in accordance with this Title.
4. Collection Of Bulky Solid Waste:
a. Bulky Solid Waste may only be collected by the City upon prior request made
to the City, and approval of said request. The City reserves the right to refuse to
collect Bulky Solid Waste that exceeds reasonable limitations of weight and bulk,
as determined by the Director.
5. Certain Wastes Not Subject To Collection:
a. The City will not collect Special Waste; lead acid batteries; waste oil; or any
waste material designated in the Rules and Regulations established by the
Director in accordance with Section 5 herein.
b. The City shall not collect any commercial solid waste, excepting collection
from the City's own property, nor shall the City collect any residential solid waste
from any dwelling units within a structure which contain the operation of any
commercial, industrial, institutional, agricultural or other establishment and which
generates commercial, industrial, institutional or agricultural waste or any
combination thereof or which operation generates other than residential solid
waste.
c. No person or operator shall obtain or attempt to obtain City collection of solid
waste or other substances or materials herein declared not subject to collection.
Any such separate attempt and/or action by such person shall constitute a
separate offense of this provision and section 16-3H-4 of this article. The City's
costs for retrieving such substances or materials from the collection vehicle or
from the City's disposal site and/or for cleaning up the collection vehicle or
disposal site shall be chargeable to the person for the solid waste collection
account for the residence where such substances or materials were placed for
collection or where actually collected.
6. Times Of Collection And Location Of Containers:
a. Containers for residential refuse, recycling, yard waste, food waste, untreated
wood waste bundles, and any other solid waste permitted to be collected by the
City shall be placed for collection at the curb on the street upon which the
residence fronts. Placement of solid waste at the curb for collection shall occur
prior to seven o'clock (7:00) A.M. on the regularly scheduled collection day but
shall not occur before three o'clock (3:00) P.M. on the day before the regularly
scheduled collection day. Containers shall be removed from the curb on the
same day collection is made and returned to their storage location.
b. Each type of waste listed above must be physically separated in order to
enable the solid waste collector to easily identify differing contents, as well as
differing containers. Yard waste, food waste and recycling materials containers
must be clearly marked as such.
B. Private Solid Waste Collection and Transport
1. Collection of Residential Recycling Materials, Large Scale:
a. The owner(s) of any residence that does not front a public street or any
residential premises with more than four dwellings shall provide recycling
material collection, which shall be collected at least once per week by a private
solid waste collector.
2. Collection of Commercial Refuse:
a. Private solid waste collectors shall be responsible for the collection of
commercial refuse from the point of collection to the transportation vehicles, but
only if the waste was stored in compliance with section 16-31-1-8 of this article.
3. Transport:
a. Any spillage or litter caused by or resulting from the collection activities of the
private solid waste collector shall forthwith be retrieved by and properly disposed
of by the collector.
b. All loads must be fully secured, enclosed or covered, in accordance with the
Rules and Regulations established by the Director in accordance with Section 5
herein, so loose materials cannot fall or be blown from the vehicle.
c. Any vehicle arriving at a the Iowa City Landfill and Recycling Center with
unsecured loads will be charged a fee provided in the schedule of fees, title 3,
chapter 4, in addition to the regular disposal and recycling rates.
4. Storage and Maintenance of Vehicles:
a. All solid waste transportation vehicles shall be maintained in a safe, clean and
sanitary condition and shall be constructed, maintained and operated to prevent
spillage of solid waste with watertight bodies and covers. Said covers shall either
be an integral part of the vehicle with only loading hoppers exposed or shall be a
separate cover of suitable material with fasteners designed to secure all sides of
the cover to the vehicle. If the cover is separate, it shall be secured whenever the
vehicle is transporting solid waste. No solid waste shall be transported in the
loading hoppers.
b. Storage of solid waste transportation vehicles is prohibited in all residential
zones.
C. Residential Collection Fees: The fees for the City's collection of residential solid
waste shall be as provided in the schedule of fees, title 3, chapter 4 of this code.
G. That Iowa City Code of Ordinances 16-31-1-10: SOLID WASTE DISPOSAL
REQUIREMENTS be deleted and replaced with the following:
A. Disposal Facilities: Solid waste shall be deposited at a processing facility or disposal area
consistent with all requirements of local, state and federal law.
B. Hazardous Or Special Waste: Disposal of hazardous or special waste defined herein or as
set forth in the Rules and Regulations established by the Director in accordance with Section
5 herein, shall be disposed of in accordance with said Rules and Regulations.
C. Disposal Of Waste Oil: Waste oil may be disposed by delivering same to locations
approved by the Director.
D. Disposal Restrictions At The Landfill:
1. Only persons or operators residing or operating within the Landfill Service Area may
dispose of solid waste at the landfill, and only provided that such solid waste was
generated by activities or operations occurring within the Landfill Service Area.
2. The following materials may be recycled at the Landfill: tires; yard waste; computer
monitors; televisions; and appliances. The person disposing of such items shall be
responsible for separating these items from other solid waste materials and shall be
responsible for delivering and unloading the items at the recycling sites designated
by the City.
E. Improper Disposal Or Disposal Of Prohibited Or Hazardous Waste:
1. It is prohibited for any person or operator to dispose or attempt to dispose of any
waste at the landfill in a manner or location other than that provided for herein, by
the Director, or as directed by landfill personnel.
2. Violations of any solid waste disposal requirement shall constitute either a simple
misdemeanor or a municipal infraction, and each violation shall constitute a
separate offense.
3. The city's costs for retrieving such substances or materials from the landfill
disposal site and/or for any costs incurred by the city for cleaning up the disposal
site shall be chargeable to the responsible party. Repeated violations of this
provision or of regulations adopted by the Director pursuant to subsection B of this
section shall be sufficient cause for the city's revocation of the landfill disposal
privileges of the responsible party.
F. Disposal Fees: The fees for disposal of solid waste shall be as provided in schedule of
fees, title 3. chapter 4 of this code.
H. That Iowa City Code of Ordinances 16-31-1-11: LITTERING be deleted and replaced with
the following:
A. Restricted and Prohibited Acts And Conditions:
1. Littering Generally: No person shall throw, sweep or deposit litter on or upon any
public place within the city, except in public receptacles or in authorized private
receptacles for collection and disposal..
2. Operation Of Trucks Causing Litter:
a. No vehicle carrying a load of materials shall be driven or moved on any state
highway, county road or city street unless such vehicle is so constructed or
loaded as to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom, except sand or other materials may be dropped for the
purpose of securing traction, and water or other substance may be sprinkled on a
street or roadway in order to clean or maintain such street or roadway.
b. It shall be prohibited for vehicles to deposit substantial and unreasonable
quantities of mud, gravel or other materials from their wheels or track onto paved
public streets or roadways.
3. Depositing Litter On Private Property: No person shall throw or deposit litter on
any private property within the city, whether owned by such person or not, except
the owner, operator or person in control of private property may maintain authorized
private receptacles for collection in such a manner that litter will be prevented from
being carried or deposited by the natural elements upon any street, sidewalk or
other public place, or upon private property.
B. Placement Of Solid Waste In Public Receptacles: Persons placing solid waste in
public receptacles or in authorized private receptacles shall do so in such a manner as
to prevent it from being carried or deposited by the natural elements upon any public
place or upon private property. No person shall place residential refuse in solid waste
containers owned by the City of Iowa City.
SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 1 t day of November '2016.
L ,
M OR Approved by
ATTEST: %u�trv/ �Lt) GC J
CITY�`EC CI— City Attorney's Office 1()11 1j/p
Ordinance No. 16-4683
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration _ 10/18/2016
Voteforpassage: AYES: Botchway, Cole, Dickens, Mims,
Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 11/10/2016
Moved by Mims 'seconded by Botchway . that the rule
requiring ordinances to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final passage at
this time.
12
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 16-4684
AN ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION AND FEES",
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES", SECTION 8, "PARKING VIOLATIONS" TO ADD A
DESCRIPTION TO "PARKING RAMP FEES" STATING THAT COUNCIL
MEMBERS WILL RECEIVE PARKING PERMITS AT NO CHARGE AND TO
CHANGE THE TITLE OF THE SECTION TO "PARKING"
WHEREAS, the City has had a long-standing practice of providing parking permits to
members of the City Council at no charge; and
WHEREAS, said practice is appropriate given the nature of the council members' work and
should be codified; and
WHEREAS, Section 3-4-8 of the City Code sets forth fees for parking as well as violations ,
and therefore the title of the section should be changed from "Parking Violations" to "Parking".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 8, "Parking Violations", is hereby
amended by:
a. Adding the following to the list of fees:
City council monthly all day permits, per month No charge
b. Changing the title of the section from "Parking Violations" to "Parking"
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2017.
Passed and approved this ist day of November _,2016
MAYOR
ATTEST:
CITYCLQ
7p oved by
/t7 .
City Attorney's Office
Ordinance No. 16-4684
Page 2
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES
x
NAYS: ABSENT: ABSTAIN:
Cole that the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 10/18/2016
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
11/10/2016
Moved by Mims seconded by Thomas , that the rule
requiring ordinances to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final passage at
this time.