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HomeMy WebLinkAbout2016-11-15 Ordinancer7, 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 8.52 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, Commercial (C property I 1) Zone and Neighborhood Publily described as 1225 South c ( Street and 1301 S. Gilbert are currently zoned nten 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 2nd 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 2"d Street; and to require that the tract of land be subdivided prior to issuance of any building 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 001'45"E along said West Line, 360.00 feet; Thence S88041'01 "W, 450.00 feet; Thence N08000'1 VE, 445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88041'01 "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 Attorneys Office X04711(- 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 11/15/2016 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas Botchway. NAYS: None. ABSENT: Throgmorton. Second Consideration _ Vote for passage: Date published that the 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, including the need for a safe, attractive, and comfortable environment for residential living; access to parks, trails, and public space amenities; and improved pedestrian, bicycle, and vehicular routes; and 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; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, The Riverfront Crossings District is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and, WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and 1 of 6 WHEREAS, the rezoning to RFC -SG will allow mixed-use development, including residential uses, at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 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 °01'45"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°00'11 "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 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. :�• 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 comer 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. 2of6 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 2nd 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. d. Owner.shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner - occupied dwelling units, on-site rental dwelling units, and the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above- described property. 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 Mr. 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. Dated this day of / L�Glfghw-) '2016. CITY OF IOWA CITY James Throgmorton, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office 4of6 � i1u7 By: Pleasant Valley, LP CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA �*4 JOHNSON COUNTY This instrument was acknowledged before me on , 2016 by James Throgmorton and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 1201 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument nwas lacknowledged before me on 14/QVe4K �er ` 2016 by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 1201 GILBERTILLnC,. Notary Public in and for thb State of Iowa (Stamp or Seal) @ TANYA MYERS and Rank r emission Number 787624 Title ( ) My C CU. Expires 9 2.z� sox My commission expires: A 5of6 1225 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on iove4Gf' q , 2016 by (Name(s) of individual(s) PC14-�I1,-e_r //yaf!! Bn (type of authority, such as officer or trustee) of 1225 GILB RT LLC. a -z) Notary Public in and f r the State of Iowa (Stamp or Sea]) TANYA MYERS Commission Number 787624 Title (and Rank) own M° ".sion Expires _�I?- My commission expires: PLEASANT VALLEY, LP ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) �T]hisppinstrumentwas acknowledged before me on ,41,w nber (( , 2016 by (Name(s) of individual(s) as ll�e�YA Feuer�rev� PrQ S c(r� (type of authority, such as officer or trustee) of Pleasant Valley, LP. EIBCHAEL Ni.10:IMMiI®YCommission N=W 10NO NrComn" nE*= March 1 2010 Notary Public in and fq the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires.—.y /( 1 6of6 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, to 'a, a municipal corporation (hereinafter "City"), and 1225 Gilbert, LLC, Pleasant Valley, P, and 1201 Gilbert LLC, (collectively referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders o 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 hav requested the rezoning of property at 1225 S. Gilbert Street and 1301 S. Gilbert Street fro Intensive Commercial (CI -1) and Neighborhood Public (P-1) to Riverfront Crossings — Sout Gilbert (RFC -SG); nd to modify the location of a pedestrian street established pursuant to conditional zonin agreement for property at 1201 S. Gilbert Street; and WHEREAS, Iowa Code §414.5 (20 ) provides th t the City of Iowa City may impose reasonable conditions on granting an appli nt's rezoni g request, over and above existing regulations, in order to satisfy public needs ca ed by the requested change; and WHEREAS, the increased density of re 'dentia) ving and mix of uses allowed with the RFC -SG zoning will result in the need for an i prov "public realm," including better street connections that create developable frontage area fo new buildings, safer and more attractive areas for people to walk and bike, usable open spa and the possibility for green infrastructure to address quantity and quality of stormwater run ff appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront Cr s 'ngs Park; and WHEREAS, the requested rezoning will re ult i a significant increase in the residential population in the area, which will increase the pe estria and bicycle traffic along Gilbert Street and along planned pedestrian streets that provi acces to the new park, trails, and the Iowa River and, therefore, additional public right -of- w and acc ss easements for planned pedestrian streets, for widening pedestrian areas along Gil rt Street, a d for access to parking areas interior to the block will be needed to ensure public s ety and to pr vide a more attractive environment for residential living; and WHEREAS, certain conditions a d restrictions a e reasonable to ensure the development of the property is consistent ith the Comprehen ive Plan, including the need for a safe, attractive, and comfortable environ ent for residential li ng access to parks, trails, and public space amenities; and improved pe strian, bicycle, and ve Icular routes; and WHEREAS, the Planning and Zon' g Commission has det mined that, with appropriate conditions to ensure an appropriate nvironment for residentia living, including access to parks, trails and public space ameniti s, improved pedestrian and icycle safety and comfort and to provide for safe traffic circulati upon redevelopment, the req ested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high perc tage of housing cost -burdened , ouseholds is the most common housing problem within th City of Iowa City, and one of the pri ary areas where people face housing affordability challeng s is near the University campus and the City's urban core; and, WHEREAS, The Riverfr t Crossings District is well -situated to su port a mix of housing due to its close proximity to do ntown Iowa City and the University of low campus, its existing and planned mix of uses, conv ntent access to public transit and municipal pd king facilities; and, WHEREAS, the Riv rfront Crossings Form Based Code is intend�d to encourage a walkable, pedestrian -friend) area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and 1 of 6 WHEREAS, the rezoning to RFC -SG will allow mixed-use development, including residential uses, at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW, THEREFORE, in consideration of the mutual promises con ained herein, the parties 7 agree as follows: Owners are the collective the legal title holders of the operty legally described as follows: A PORTION OF TH ORTHEAST QUARTER OF TH SOUTHWEST QUARTER OF SECTION 15, TOWNS IP 79 NORTH, RANGE 6 WE , OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, OHNSON COUNTY, IOW , INCLUDING A PORTION OF VACATED BLOCKS THR AND SIX OF COOK' SARGENT, AND DOWNEY'S ADDITION, DESCRIBED A FOLLOWS: Commen Ing at the Northeast Corner of Vacated Block Three, of Cook' Sargent, and Down 's Addition to Iowa City, Johnson County, Iowa, in accordance wit the Plat thereof R corded in Deed Book 16, at Page 84, of the Records of the Johnson ounty Recorder' Office; Thence S01°01'45"E, along the West Line of Gilbert Street, 80.0 feet, to The P int of Beginning; Thence continuing S01001'45"E along said West Line, 60.00 feet; Thence S88°41'01"W, 450.00 feet; Thence N08°00'11"E, 445.88 feet, to a oint on th Westerly Extension of the North Line of said Vacated Block Three; Thence N °41'01" ,along said Westerly Extension and North Line, 260.00 feet; Thence S01°01'4 "E, 80 00 feet; Thence N88°41'01"E, 120.00 feet, to the Point of Beginning. Said Rez ing Parcel contains 3.97 Acres (172,998 square feet), and is subject to easements an a trictions of record. And A parcel of land in Government Lot 3 in the PM in Iowa City, Johnson County, Iowa, follows. Beginning at a point (the I northeast corner of Block 3 in Cook, Ir and on the west line of Gilbert Street thence south along the west line of Gilbert Street and a line which lies 11 to the centerline of primary road No normally distant northeasterly of and US 6 to the easterly bank of Ralston Ralston Creek a point that is 450 fe feet along a line parallel with and 4 Sargent and Downey's Addition to t e 2. The Owners acknowledge that of the Comprehensive Plan, in( Riverfront Crossings Master PI the parties acknowledge that City may impose reasonable ( the existing regulations, in of change. (W1/ of Section 15 T79N R6W of the 5th lid par el being particularly described as beginn g) being 440 feet south of the and Dow y's Addition to Iowa City, Iowa, t (fo merly Linn S eet and formerly Cook Street) Gilb rt Street to the I tersection of the west line of 0 f et normally distan northeasterly of and parallel U 6, thence northwe terly along a line 110 feet arallel to the centerlin of said primary road No reek, thence northerly a ng the easterly bank of t west of the point of beg ning, thence east 450 0 feet south of the north lin of Block 3 in Cook, point of beginning. City wishes to ensure conforman ng the South Gilbert Subdistrict of t and the Owners intend to comply th I Code §414.5 (2015) provides that tions on granting a rezoning request, to satisfy public needs caused bl. 2of6 to the principles Downtown and rewlth. Further, t �e City of Iowa o0 rr and above the requested 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 laster Plan. The ROW dedication shall be 40 feet in depth along the fronts a of properties locally described as 1225 S. Gilbert and 1201 S. Gilbert Street. To accommodate adequate pedestrian space along the street near t intersection with U.S. Highway 6, dedication shall be 50 feet in depth alon the frontage of property locally known s 1301 S. Gilbert Street. The Owner may continue to use any portion of the d dicated right-of-way pursuant to an agreement with the City for temporary use o right-of-way, until such time asilbert Street is improved or when properties a ng Gilbert Street are redevelop d, whichever occurs first. b. Prior to issuance o any occupancy permit, a st p of land 30 feet in depth as measured from the top of the bank of Ralsybn Creek along all properties described above shal be dedicated to the CV, which shall be cleared of any existing structures and aterials at Owner's a ense once the business currently operating at 1301 S. Gilb Street ceases op ration. c. Prior to issuance of a buil 'ng per for an new building on any of the subject properties, a final plat sha be approved at establishes a private street that extends west from Gilbert St et to the 3 -foot Ralston Creek pedestrian street established pursuant to Para raph 3b ove. This street must align with 2nd Street and have a minimum 60- oot rig -of-way for the pedestrian street portion and 80 feet for the vehicular porti n. In ddition, the final plat shall establish a 30 - foot wide cross -access easemen in a location parallel to and west of Gilbert Street in a manner that will provide equate lot depth for new buildings that front on Gilbert Street in compliance with e RFC -SG Zone, safe and adequate traffic circulation, and access to parking ac rding to the Riverfront Crossings Master Plan. This public cross -access asem nt must be designed as a private rear alley that provides access t parkin areas located behind buildings, as illustrated in the Riverfront Cro sings Ma er Plan and according to the RFC -SG zoning standards. d. Owner shall satisfy the affor able housing ligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 throug the provision of on-site owner - occupied dwelling units, o -site rental dwelling nits, and the payment of a fee it lieu of the remaining dwe Ing units not provided n -site or as otherwise agreed tc between Owner and th City in an affordable using agreement entered intc prior to issuance of a ilding permit for developm nt of any portion of the above- described property. 4. The conditions contained Xlerein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011/1and that said conditions satisfy public needs that are caused by the requested zonin change. 5. In the event the subfect property is transferred, sold, redeveloped, or subdivided, all development will co form with the terms of this Conditional Zoning Agreement. 6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the 3of6 land and with title to the land, and shall remain in full force a d effect as a covenant with title to the land, unless or until released of record by the City bf Iowa City. 7. This agreement shall inure to the benefit of and bind all assigns of the parties. 8. Nothing in this Applicant from 9. This Conditional N ordinance rezoning t ordinance, this agreer the Owners' expense. Dated this day of CITY OF IOWA CITY James Throgmorton, Mayor Attest: Marian K. Karr, City Clerk I Zoning Agreement shall be with all other applicable local, ig Agreement shall be in subject property, and that u nt shall be recorded in the J A^pProved by: A 6k Aamell� 4k4l� City Attorney's Office I r I IL41LO 4of6 representatives, and red to relieve the Owner or and federal regulations. orated by reference into the adoption and publication of the ;on County Recorder's Office at 201 O 7N ERS y: 1201 Gilbert LLC y: 1225 Gilbert LLC By: Neasant Valley, LP CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on _ Throgmorton and Marian � Karr as Mayor and City Clerk, 1201 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA 2016 by James of the City of Iowa City. Notary Public i and for the (Stamp or Se 1) Title (and R nk) My commission expires: ) ss: JOHNSON COUNTY ) This instrument was acknowledged before /of1201 (Name(s) oual(s) as (type of authority, such as officer or trustee GILBEF Notary Public in and (Stamp or Seal) Title (and Rank) My commission exp 5of6 Iowa 2016 by of Iowa 1225 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknc (type of authority, such as led before me on (Name(s) of individual(s) 6 trustee) of 1225 GILBERT 2016 by Notary Public in gfid for the State of Iowa (Stamp or Title (and expires: PLEASANT VALLEY, LP ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before m/idual(s) 2016 by (Name(s) of ias (typeity, sucVasofffificer or trustee) of Pleasant Valley, LP. Notary Public in and for the S of Iowa (Stamp or Sea[) Title (and Rank) My commission expires: 6of6 6� 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 orporation (hereinafter "City"), and 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201ilbert LLC, (collectively referred to hereinafter as "Owners"). WHEREA Owners are the collective legal title holders of approxima y 8.52 acres of property located at 201 S. Gilbert Street, 1225 S. Gilbert Street, and 1301 . Gilbert Street in Iowa City; and WHEREAS, the wners have requested the rezoning of prom y at 1225 S. Gilbert Street and 1301 S. Gilbe Street from Intensive Commercial (CI -1) a d Neighborhood Public (P-1) to Riverfront Crossin s - South Gilbert (RFC -SG); and to odify the location of a pedestrian street established\§4.5 a conditional zoning agree ant for property at 1201 S. Gilbert Street; and WHEREAS, Iowa Cod2015) provides that thpe City of Iowa City may impose reasonable conditions on grapplicant's rezoning request, over and above existing regulations, in order to satisfyds caused by the requested change; and WHEREAS, the increased density\f residential li mg and mix of uses allowed with the RFC -SG zoning will result in the need for n improv "public realm," including better street connections that create developable frontage reas f0 new buildings, safer and more attractive areas for people to walk and bike, usable open pace, and the possibility for green infrastructure to address quantity and quality of stormwater r( -off appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront , ssings Park; and WHEREAS, the requested rezoning wil resul in a significant increase in the residential population in the area, which will increase th6 pedestrl n and bicycle traffic along Gilbert Street and along planned pedestrian streets that Orovide acce to the new park, trails, and the Iowa River and, therefore, additional public right�of-way and acc ss as for planned pedestrian streets, for widening pedestrian areas alofig Gilbert Street, a d for access to parking areas interior to the block will be needed to ensure public safety and to pr ide a more attractive environment for residential living; and WHEREAS, certaincoji8itions and restrictions are reasonable to ensure the development of the property is pbrisistent with the Comprehensive Ian and the need for a safe, attractive, and comfortable enVironment for residential living, in clu in access to parks, trails, and public space amenities, nd improved pedestrian, bicycle, and- icular routes. WHEREAS, the PI ning and Zoning Commission has determin that, with appropriate conditions to ensure appropriate environment for residential living, inc ding access to parks, trails and public spag amenities, improved pedestrian and bicycle safe and comfort and to provide for safe traffic circulation upon redevelopment, the requested zone g 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 MERIDI , IOWA CITY, JOHNSON COUNTY, IOWA, INCLU ING A PORTION OF VACATO D BLOCKS THREE AND SIX OF COOK'S, SARGE T, AND DOWNEY'S ADDITIO DESCRIBED AS FOLLOWS: Commencing at th Northeast Comer of Vacated B k Three, of Cook's, Sargent, and Downey's Additio to Iowa City, Johnson County, Iowa, 'n accordance with the Plat thereof Recorded in eed Book 16, at Page 84, of the Reco s of the Johnson County Recorder's Office; T ence S01 °01'45"E, along the West Line of filbert Street, 80.00 feet, to The Point of Be inning; Thence continuing S01°01'45"E alon said West Line, 360.00 feet; Thence 88041'01"W, 450.00 feet; Thence N08°00'11"\feet;hence eet, to a Point on the West Extension of the North Line of said Vacated BloThence N88°41'01"E, alon said Westerly Extension and North Line, 260.00 S01°01'45"E, 80.00 fee ; Thence N88°41'01"E, 120.00 feet, to the Point ng. Said Rezoning Parce contains 3.97 Acres (172,998 square feet), and iseasements and restrictiq s of record. And A parcel of land in Government Lo 3 in the PM in Iowa City, Johnson County, ow follows. Beginning at a point (the Nil northeast corner of Block 3 in Cook, San and on the west line of Gilbert Street (f thence south along the west line of Gilbr Gilbert Street and a line which lies 110 fe to the centerline of primary road No US normally distant northeasterly of and pal US 6 to the easterly bank of Ralston Cr Ralston Creek a point that is 450 feet feet along a line parallel with and 440/f( Sargent and Downey's Addition to the l3oi 2. The Owners acknowledge that the of the Comprehensive Plan, includi Riverfront Crossings Master Plan, the parties acknowledge that tov� City may impose reasonable cor>Eli' the existing regulations, in order change. 3. In consideration of the development of the sub chapter, as well as the fol a. Prior to issuance Gilbert Street for pedestrians, bi yc of f4 of Section 15 T79N R6W of the 5th arcel being particularly described as ginning) being 440 feet south of the Downey's Addition to Iowa City, Iowa, Linn Street and formerly Cook Street) t to the intersection of the west line of ally distant northeasterly of and parallel ce northwesterly along a line 110 feet el to he centerline of said primary road No thenbq northerly along the easterly bank of t of theNpoint of beginning, thence east 450 south ohe north line of Block 3 in Cook, of beoir n . ity wishes to ensure cc g the South Gilbert Su ind the Owners intend b Code §414.5 (2015) pn ons on granting a rezonl to satisfy public needs is rezoning the subject property will conform to rp conditions: iformance to the principles strict of the Downtown and comply therewith. Further, des that the City of Iowa g equest, over and above ca sed by the requested -s agree that of the zoning any occupancy permit, land shall be dedicated along South -ove conditions along the street necessary for the increase in ts, 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 PI tally known as 1301 S. Gilbert Street. The Owners may continue to use any ortion of the dedicated right-of-way pursuant to an agree nt with the City for t mporary use of right-of-way, until such time as Gilbert S eet is improved or w en properties along Gilbert Street are redeveloped, which er occurs first. b. PH to issuance of any occupancy permit, a strip of land 30 feet in depth as meas ed from the top of the bank of Ralston Creek along all properties describ above shall be dedicated to the City, which s II be cleared of any existing s ctures and materials at Owner's expense one the business currently operating a 1301 S. Gilbert Street ceases operation. c. Prior to issua a of a building permit for any new buildi g on any of the subject properties, a fi I plat shall be approved that establi es a private street that extends west fro Gilbert Street to the 30 -foot Ralst Creek pedestrian street established pursua to Paragraph 3b above. This treat must align with 2"d Street and have a mi 'mum 60 -foot right-of-way for a pedestrian street portion and 80 feet for the vehi lar portion. In addition, the final plat shall establish a 30 - foot wide cross -access sement in a location p rallel to and west of Gilbert Street in a manner that will'rovide adequate lot d pth for new buildings that front on Gilbert Street in complian with the RFC -S Zone, safe and adequate traffic circulation, and access to par 'ng according to the Riverfront Crossings Master Plan. This public cross -access asement m t be designed as a private rear alley that provides access to arking ar as located behind buildings, as illustrated in the Riverfront Crossin Maste Plan and according to the RFC -SG zoning standards. 4. The conditions contained herein are rea. Iowa Code §414.5 (2015), and that said by the requested zoning change. 5. In the event the subject property is tra development will conform with the terms editions to impose on the land under satisfy public needs that are caused redeveloped, or subdivided, all lal Zoning Agreement. 6. This Conditional Zoning Agreement sha I be deemed to b a covenant running with the land and with title to the land, and shall emain in full force d effect as a covenant with title to the land, unless or until release of record by the City Iowa City. 7. This agreement shall Inure to the be efit of and bind all success representatives, and assigns of the parties. 8. Nothing in this Conditional Zonin fi Agreement shall be construed to Niieve the Owner or Applicant from complying with al other applicable local, state, and fedi al regulations. 9. This Conditional Zoning A�eement shall be incorporated by refe @�r� into the ordinance rezoning the sub'&t property, and that upon adoption and pubic of the ordinance, this agreement all be recorded in the Johnson County Recorder's Office at the Owners' expense. / Dated this 2 ) stday of OCA2016. CITY OF IOWA CITY OWNf Attest: LLC Marian K. Karr, d Ity Clerk t Lj—?6 ¢ L 101&11P Approved by: CITY OF IOWA CITY STATE OF IOWA as: JOHNSON COUNTY This Instrument was acknowledged before e n , 2016 by James Throgmorton and Marian K. Karr as Mayor a d City Cie , respectively, of the City of Iowa City. Notary Public In a for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 1201 GILBERT LLC ACKNOOWLEDUMeN 1: STATE OF IOWA ) / )s JOHNSON COUNTY ) 4 Scanned by CarnScanner Instrument Qwass acknowledged before me on UC3PD �'Y 3W 2016 by Xyf!J �'7 %�/" (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 1?.0'(,GIL_OEFi, T LLC. 1225 GILBERT LLC ACKNOWLGMENT: :'jo'Y ro/p STATE OF I®4VA ) ) as: JINN COgN7/ f) This Instrument was acknowledged before n nAly (Name(s) of (type of authority, such as officer or trustee) PLEASANT VALLEY, LP (Stamp or Seal) Title (and Rank) My 1 ELSA 6MITHEM Notory Public • State or Florida Commission • FF 1701162 My Comm. Evplrss Nov 20, 2011 s/ 2016 by -,. " 0111 ,� ELBA 6MITHEM (Stamp or Se Notuy public - Melo of Florida sComminton 4 / FF 176362 My Comm. Evpino Ncv 20, 2010 Title (and Rank) , My convnission exp es:- /Vo V po r2 o l ' STATE OF IOWA ) \ ss: JOHNSON COUNTY ) This instrument was ack owledged before me on o% L, 2016 1t�pdn NE(APA (Name(s) of individual(s) as 5 Scanned by CamScanner n, Y Scanned by CamScanner MTMFAPM 6b Prepared by: Jann Ream, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5120 ORDINANCE NO. 16-4685 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 facade 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 3B(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 (6). 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, CNA and MU Zones, and replacing it with the attached. 3. Deleting Subsection D, Sign Standards in CH -1, CC -2 and CI -1 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 513-5 "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 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, as provided by law. Passed and approved this 15th day of november 2016. Ap roved by: ATTEST: CI ERK City Attorney's Office Ordinance No. 16-4685 Page 6 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x X X ABSENT: X ABSTAIN: Dickens 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: that the Date published 11/25/2016 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally .passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Mims, Taylor, Thomas, Botchway, Cole. NAYS: None. ABSENT: Throgmorton. im-r—MUtie]:11219:11>F9[e]M691 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 At 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? 14-513-813. 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 58-1, 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 513-1, 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 513-1 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 513-1. located at the end of this subsection. Table 513-1: Sign Specifications And Provisions In Residential And The ID And OPD Zones Permitted Signs Awning signs' r_ - ___ __ Canopy signs 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, RM -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 DirectionalID-RS, RR -1, 2 sq. ft. per face. signs 11, RS -8, RS -12, RNS- 12, ID -RM, RM -12, RM -20, RNS-20, RM - 44, PRM May be double faced for total area of 4 sq. ft. Entranceway Allowed for For signs located above or signs parks and open across the top of the subject space uses in archway, the area of the sign any residential may not exceed 25% of the zone, ID zone, area delineated by the or OPD zone subject archway. Fascia ID -RS, RR -1, signs' RS -5, RS -8, RS -12, RNS- 12 For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-513- 7, "Measurement Standards" of this article.) 4 sq. ft. ID -RM, RM -12, 12 sq. ft. RM -20, RNS- 20, RM -44, PRM must be, at minimum 8ft above the level of the adjacent grade. Canopy signs may not be illuminated. Maximum height: 20 ft. Up to 1 sign per facade of the subject archway. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. Minimum clearance height is 10 ft. for entranceway signs across driveways and 8 ft. for entranceway signs across walkways. Entranceway signs are not allowed if the subject lot or tract already has a monument sign located at the subject entrance. Maximum height: Top of first story. Limited to identification only, except as allowed for institutional uses. Not allowed for single-family and two-family uses. 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. Maximum height: 5 ft. signs' RS -5, RS -8, RS -12, RNS- May be double faced for a Limited to identification only, except 12 total area of 24 sq. ft. as allowed for institutional uses. II I Small identification signs ID -RM, RM -12, 124 sq. ft. per sign face. RM -20, RNS- 20, RM -44, May be double faced for a PRM total area of 48 sq. ft. r - - ID -RS, RR -1, 2 sq. ft. RS -5, RS -8, RS -12, RNS- 12, ID RM RM -12, R1-20, RNS-20, RM - 44, PRM 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.) 14-513-8C. 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 58-2 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 58-2: Sign Specifications And Provisions In The CO -1, CN -1, And MU Zones Permitted Maximum Signs Sign Area Awning 25% of awning surface signs i Barbers' poles Canopy signs Sign cannot exceed 90% of street facing canopy length and no more than 24 inches in height Maximum Height Top edge of first story awning Top edge of first story canopy Provisions =ach storefront is allowed ip to a total of 3 signs rom the following sign :ypes: 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 I canopy with the face perpendicular to the building will be considered storefront projecting signs j and regulated accordingly. Said signs i ay not project beyond [theouter edge of the anopy i __ 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 f 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 3 sq. ft. per sign face -- -- signs May be double faced for total area of 6 sq. ft. Entranceway 20 ft. Up to 1 sign per facade of For signs located above 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 on which the sign is signs across walkways. located. (See section 14- 513-7, "Measurement Standards", of this article.) Entranceway signage as specified herein will count j as 1 sign toward the total limit for monument signs on a lot or tract. Entranceway signs are not allowed if the subject j lot or tract already has a monument sign located at the subject entrance. Fascia signs 15% of sign wall area Top of first Parapet signs are allowed story only on one-story buildings. Flags -- f -- 1 additional flag may be displayed in conjunction with any city, county, state j or federal flags. Identification 2 sq. ft. and integral i Except as allowed in signs I provisions. No permit is required. -- �No permit is required. Monument [area p to 2 sq. ft. of sign 5 ft. signs perlinear foot of lot rontage, not to exceed 50 sq. ft. per sign face May be double faced for a total area of 100 sq. ft. per sign 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. * For lots or tracts with 160 to 300 ft. of frontage ---- - Storefront projecting signs V--,=_ - - 9 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 windowsill. 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. I * 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 I corner (at the point where I property lines intersect) will count as 2 signs; 1 toward the sign allowance for each frontage. j Each storefront is allowed up to a total of 3 signs from the following sign j types: canopy signs, awning signs, and projecting signs. There must be at least 12ft between projecting signs. May not project more than j 4 ft. from the building wall. Allowed to be a three dimensional model of an object, such as a globe or 1 book. If three proportioned. Time and25 sq. ft. per sign face - temperature signs May be double faced for a total of 50 sq. ft. 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 11 than 6 ft. into public right of way. If located on or in required storefront windows, window signs shall be displayed or affixed in a manner that does not block views into the interior of the storefront. Window 25% of window area --) signs 14 -5B -8D: Sign Standards In CH -1, CC -2 And CI -1 Zones: 1. All signs in the CH -1, CC -2, and CIA zones are subject to the standards specified in table 5B-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 513-1 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. 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 56-3: Sign Specifications And Provisions In The CH -1, CC -2, And CIA Zones . Permitted Signs r - Awning signs Maximum Maximum Sign Area Height Provisions 25% of awning surface Top edge of first story awning 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. - Barbers' poles Canopy signs ra=__ Lz_ = I Signs cannot exceed 190% of street facing j canopy length and be 1 no more than 24 inches in height. i Top edge of first story canopy Maximum diameter: 9 in. Maximum length: 3 ft Each storefront is 1 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 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 internally or externally Directional signs Entranceway 3 sq. ft. per sign face May be double faced for total area of 6 sq. ft. For signs located above -- 20 ft. illuminated or halo back lit. -- Up to 1 sign per facade signs or across the top of the of the entranceway subject archway, the arch. area of the sign may not exceed 25% of the The sign may not area delineated by the contain changeable subject archway copy. For a sign located on Sign copy may not 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 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 115% of sign wall area - Flags - -- -- I i Freestanding Individual sign in CC -2 signs 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. 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. r- - Freestanding Individual sign: Up to 2 wide base sq. ft. per linear foot of signs lot frontage, not to exceed 125 sq. ft. per sign face. 1 additional flag may be displayed in conjunction with any city, county, state or federal flags. No permit is required 25 ft., however, in When 2 or more uses the CH -1 district, are located on a lot, a I property within common sign may be 11,000 ft. of an (interstate installed. highway right of way may have 1 freestanding sign with a maximum height not to exceed 65 ft. 26 ft. Maximum width: 10 ft. May be double facedWhen 2 or more uses for a total of 250 sq. ft. are located on a lot, a common sign may be Identification and integral signs Masonry wall signs Monument signs Storefront projecting signs r- - Common sign: The maximum area of a common sign may be 50% larger than the area of the maximum individual sign allowed. 2 sq. ft. except as allowed in Provisions. Up to 1 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft. per sign In addition, the sign may not exceed 15% of the total area of the face of the masonry wall Individual sign: Up to2 sq. ft. 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. Common sign: The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 9 sq. ft. May be double faced for a total of 18 sq. ft. installed. I _ I -- No permit is required. 1 ft. less than the height of the masonry wall, not to exceed 12 ft. 5 ft. Top of the first story located below any second floor j 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. 1 masonry wall sign is allowed in lieu of a monument, freestanding, or freestanding wide base sign. jWhen 2 or more uses are located on a lot, a common sign may be installed. Each storefront is allowed up to a total of 3 signs from the following sign types: The size of a storefront !windowsill 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 following criteria: The floor to ceiling height of the ground level floor is a minimum of 18 ft. and the sign is vertically proportioned. 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 I 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. Permitted to be a three dimensional model of an object, such as a globe or book. If three dimensional, the sign is permitted to rotate. r r-- 2 story: 30 sq. ft. with Cannot extend Only permitted when Upper level maximum 4ft projection above the bottom the use occupies the projecting from the face of the of the cornice entire building and the building. and/or roofline at building frontage is signs 3 story: 80 sq. ft. with the top of the greater than 60ft. or maximum 5ft projection building and no when the use is a Time and temperature 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. 25 sq. ft. per sign face May be double faced for a total area of 50 sq. ft. Window 25% of window area signs lower than the bottom of the second floor window sill. i I indoor commercial recreational use or hospitality oriented retail use. Sign can be no closer than 5ft from adjacent buildings and no closer than 15ft from adjacent upper level and storefront projecting signs. 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. Signs must not project more than 6ft. into the public right of way. -- If located on or in required 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, C13-5 and CB -10 zones are subject to the standards specified in table 513-4 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 513-4 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. 3. 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. (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 C13-2, C13-5 And CB -10 Zones , - - ---- --- --- -- - - Permitted Maximum Signs Sign Area Awning �25%0 of awning surface signs -- — - - Barbers' poles Canopy signs Sign cannot exceed 90% of street facing canopy length and no more than 24 inches in height Maximum Height Top edge of I irst story 1 awning 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. Note: See 14 -3C -3C for awning and canopy design standards. 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 maybe mounted on the face of the Directional 3 sq. ft. per sign face signs May be double faced for total area of 6 sq. ft. Entranceway For signs located above r 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 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 the canopy. Canopy signs may be internally or externally illuminated or halo back lit. Internally illuminated cabinet signs where the entire face of the cabinet is illuminated and plastic trim cap letters are prohibited. 20 ft. Up to 1 sign per facade signs or across the top of the of the entranceway arch. I 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 r 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 I 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 l property has a masonry I wall sign, monument sign, or freestanding sign. Fascia signs 1.5 times the length of - No longer than 90%of the street facing fagade. the length of the fagade 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 f 2 sq. ft. per linear foot of F 20 ft. Allowed only in the CB -2 signs lot frontage, not to exceed 40 sq. ft. per jsign face Identification and integral signs Masonry wall signs 2 sq. ft. --- ---- --- Except as allowed in Provisions. 1 sq. ft. per linear foot of lot frontage, not to exceed 50 sq. ft. In addition, the sign zone 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 property has a the total area of the face i monument sign, of the masonry wall I entranceway sign or I !freestanding sign. Monument 24 sq. ft. per sign face 5 ft. Only 1 monument sign is signs Iallowed per lot or tract. May be double faced for a total area of 48 sq. ft. When 2 or more uses are located on a lot, a 'common monument sign may be installed. A common monument sign may identify up to 4 uses per sign face. Portable 16 sq. ft. per sign face signs 'May be double faced for I a total area of 12 sq. ft. I A monument sign is not allowed if the property has a freestanding sign, an entranceway sign, or a masonry wall sign. 4 ft. 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. May be double faced for a total of 18 sq. ft. 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 Top of the first story located below any second floor windowsill access to any doorway When placed on city right of way, a clear, 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. A projecting sign may not project more than 4 Upper level projecting signs following criteria: The floor to ceiling height of the ground level floor is a minimum of 18 ft. and 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 from the face of the building 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 rotate. 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 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 F 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 bottom of the indoor commercial second floor recreational use or a Banner projecting signs of 6ft from the face of window sill. hospitality oriented retail the building use. May be double faced. Sign can be no closer than 5ft from adjacent buildings and no closer than 15ft from adjacent upper level and storefront_ projecting signs. Same allowances as Upper level projecting signs Same restrictions as Upper level projecting signs Internal and external illumination is allowed except internally illuminated plastic trim cap letters and internally illuminated cabinet signs where the entire face of the cabinet is illuminated are prohibited. r 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 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 Time and temperature signs Wall mural painted sign - - ---- Window signs 25 sq. ft. per sign face \lay be double faced for s total area of 50 sq. ft. 1.5 times the length in `eet of the street facing `agade of the building. 25% of window area Only permitted in first floor windows. 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. Signs must not project more than 6 ft. into the public right of way Sign must be incorporated into a larger mural and can only be placed on an alley fagade or a non -street facing facade when it contains a public entrance to a business. If located on or in required storefront 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 Nindow signs, whichever is less. Subject to all i regulations found n section 14-513-4 of this article. Table 513-5: Sign Specifications And Provisions In The Industrial And Research Park Zones Permitted Signs Awning signs Canopy signs Maximum Sign Area Must not exceed 25% of awning surface or 12 sq. ft. per sign, whichever is less Sign cannot exceed 90% of street facing canopy length and no more than 24 inches in height Maximum Height Top of first I story Provisions Top of first Signs maybe mounted story 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 may not project i beyond the outer edge of the canopy. Signs mounted on the j face of the canopy may „ not project beyond the face of the canopy and f must not extend above or below the top and bottom the edges of the canopy. I 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 total area of 6 sq. ft. Entranceway For signs located above or signs across the top of the subject archway, the area of the sign may not exceed 25% of the area delineated by the subject archway For a sign located on the side of the archway, the area of the sign may not exceed 33% of the surface area of the side of the archway support on which the sign is located. (See section 14-513-7, "Measurement Standards", of this article.) 20 ft.Up to 1 sign per facade of the entranceway arch. The sign may not contain changeable copy. Sign copy may not extend beyond the edges of the entranceway structure. 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. Fascia signs 115%o f sign wall area I -- Flagr s- 1 additional flag may be displayed in conjunction with country, state and j city flags. Freestanding signs 1 sq. ft. per linear foot of lot frontage, not to exceed 50 1 sq. ft. except as allowed in 1 provisions for common signs. May be double faced for a total of 100 sq. ft. or as allowed in provisions for common signs._ Identification 2 sq. ft. and integral signs r- - Masonry wall signs Monument signs 25 ft. Up to 2 sq. ft. per linear foot 1 ft. less 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 Up to 2 sq. ft. per linear foot of lot frontage, not to exceed 75 sq. ft. per sign face No permit is required 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. 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. 5 ft When 2 or more uses are located on a lot, a common sign may be installed. The maximum May be double faced for a total area of 150 sq. ft. area of the common sign may be 50% larger than the area of the maximum individual sign allowed. Monument signs are limited to identification only. Window 25% of window area -- signs Table 5B-6: Sign Specifications And Provisions For Off Premises and Temporary Signs Permitted Maximum Maximum Signs Sign Area Height Provisions Billboards 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 I type as specified in the subject signs the applicable zone sign type as May take the form of any and will be specified in type of sign allowed in the deducted from the the applicable 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 orjudicial office. Billboard signs shall not apply toward maximum sign allowance for the lot or tract. Temporary -- No permit is required. signs in windows 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. Temporary No permit is required. signs I No illumination is allowed. [In ID and In residential 1 sign may be located on a Residential zones: zones: 5ft lot and/or parcel when being 4 sq. ft. In all other advertised for sale or lease. In all other zones: zones: 10ft 32 sq. ft. Must be displayed in yard or Maybe double window. Cannot be affixed faced for a total of 8 to building. sq. ft and 64 sq. ft. Must be removed 48 hours respectively. after the sale or lease of property. All zones: 32 sq. ft. In residential 1 sign may be located on a May be double zones: 5ft lot and/or parcel when faced for a total of In all other construction and/or 64 sq. ft. zones: 10ft development is occurring on said lot or parcel. Must be removed upon issuance of Certificate of Occupancy or upon completion of construction. All zones: 32 sq. ft. 1 sign may be located on a In residential May be double zones: 5ft development area of 2 acres faced for a total of In all other or more. Must be removed 64 sq. ft. zones: 10ft upon the sale or lease of 50% of the lots or units in the development. 100 sq. ft.-allowed--F- .allowed loft �1 sign may be located on a in all zones except residential zones I I 4 sq. ft. May be double sided for a total of 8 sq. 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. In all zones: 5 1 sign may be located on a ft. 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 (450) 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. FREESTANDING WIDE -BASE SIGN 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 such a 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 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. POP YABEE 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. SIGN 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 pattems, 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.