HomeMy WebLinkAbout3325-02/13/1984 ORDINANCE NO. 3 `j
AN ORDINANCE AMENDING THE CODE OF THE ORDINANCES OF
THE CITY OF WATERLOO, IOWA, BY REPEALING SECTIONS 3-1 ,
3-12, 3-16 , 3-17, 3-29 , 3-30(b) , 3-31 , 3-31 . 2,
3-32(c) (1) AND (d) , 3-35, 3-37(a) AND (c) , 3-38 , 3-45 ,
3-47 , 3-48 , 3-57 , 3-61 (a) AND (c) , 3-62, 3-64,
3-73(d) , 3-74(b) AND (d) , ALL OF CHAPTER 3,
ADVERTISING AND SIGNS, AND ENACTING IN LIEU THEREOF
NEW SECTIONS 3-1 , 3-12 , 3-16 , 3-17 , 3-29, 3-30(b) ,
3-31 , 3-31 . 2, 3-32(c) (1) AND (d) , 3-37(a) AND (c) ,
3-38, 3-45, ,3-47, 30-48, 3-61 (a) AND (c) , 3-62, 3-64,
3-73(d) , 3-74(b) AND (d) OF CHAPTER 3, ADVERTISING AND
SIGNS; AND BY ADDING SECTIONS 3-49 AND 3-73(e) AND (f)
TO CHAPTER 3, ADVERTISING AND SIGNS.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa, that:
That sections 3-1 , 3-12, 3-16, 3-17 , 3-29, 3-30(b) , 3-31 ,
3-31 . 2, 3-32(c) (1) and (d) , 3-35, 3-37(a) and (c) , 3-38,
3-45, 3-47 , 3-48, 3-57, 3-61 (a) and (c) , 3-62, 3-64,
3-73(d) , 3-74(b) and (d) , of Chapter 3, Advertising and
Signs , are hereby repealed in their entirety; and that new
sections 3-1 , 3-12 , 3-16 , 3-17 , 3-29 , 3-30(b) , 3-31 ,
3-31 . 2, 3-32(c) (1) and (d) , 3-37(a) and (c) , 3-38, 3-45,
3-47 , 30-48 , 3-61 (a) and (c) , 3-62 , 3-64, 3-73(d) and
3-74(b) and (d) of Chapter 3, Advertising and Signs, are
hereby enacted in lieu thereof as follows :
ARTICLE I. IN GENERAL
Sec. 3-1. Display of advertising material on parkings ;
removal ; costs.
Whenever the Building Official shall find signs ,
advertising, displays or any other materials or articles on
public or private property in violation of any provision of
this Code or other city ordinance or any law, he may remove
such sign or he shall report his findings to the
Superintendent of Streets and Sanitation who shall pick up,
or cause such materials or articles to be picked up, and
stored at the city garage, where the owner of the materials
or articles may claim them by paying the sum of Twenty-five
Dollars ($25. 00) to cover the costs incurred by the city.
ARTICLE II. BILLPOSTERS
Sec. 3-12. License required ; daily and annual license
fees ; employees of annual licensee to wear
identification badges.
No person, as owner, agent, servant or employee, shall post
or distribute any advertising matter of any kind within the
the limits of the city, without first making application
for a license therefor at the office of the Clerk, and
paying a license fee in the sum of Ten Dollars ($10. 00) per
day for each man employed in such work, or the sum of Fifty
Dollars ($50. 00) per year for a yearly distributor's
license. The yearly distributor 's license shall entitle
the licensee to employ as many assistants as may be
required, which assistants shall be furnished by the yearly
licensee with a suitable badge or emblem showing in whose
employ the assistants may be, and the assistants shall not
need any further license except such authority. The
licenses provided for in this section shall be issued in
like form and manner as other city licenses.
BOOK 254 PAGE 811
Page 2
Sec. 3-16. Placing advertisements in or on vehicles.
No advertising bills, posters, printed or illustrated
matter, samples, or advertising matter of any kind or
character shall be placed in or on any motor vehicle or
other vehicle parked upon the public streets, nor shall any
form of advertising matter be attached to a vehicle so
parked without the consent of the owner. This section is
not intended to restrict painted or magnetic signs on the
sides of vehicles which are used as a means of
transportation for business purposes.
Sec. 3-17. Manner of distribution generally; littering;
street distributions.
Distribution of advertising material shall be made in such
a manner as not to create a nuisance, and no licensed
billposter or distributor, or any other person, shall
scatter or deliver any advertising bills or matter upon the
streets or alleys of the city, nor hand the bills to
persons passing along the streets, nor throw the bills into
yards of private buildings , or along halls or public
buildings or elsewhere, within the city.
ARTICLE III. SIGNS
DIVISION 1. GENERALLY
Sec. 3-29. Definitions
As used in this article , the following terms shall have the
meanings ascribed to them:
(a) Approved plastics shall mean only those slowburning
plastics such as cellulose acetate or methyl methacrylate
or other plastics of no greater combustibility as now
approved by the Underwriters Laboratories , Inc. , for sign
use.
(b) Building code shall mean the building code of the
city, as adopted in Section 9-1, City Code of Ordinances .
(c) Bus Bench shall mean that item authorized and
controlled by City of Waterloo Ordinance No. 3226.
(d) Combination sign shall mean any sign incorporating any
combination of the features of ground, projecting, and roof
signs .
(e) Curb line shall mean the line at the face of the curb
nearest to the street or roadway. In the absence of a
curb, the curb line shall be established by the City
Engineer.
(f) Display surface shall mean the area made available by
the sign structure for the purpose of displaying the
advertising message.
(g) Electric sign shall mean any sign containing
electrical wiring, but not including signs illuminated by
an exterior non-connected light source.
(h) Ground sign shall mean any sign which is supported by
one (1) or more uprights, poles , or braces in or upon the
ground, other than a combination sign or pole sign.
(i) Marquee shall mean a permanent roofed structure
attached to and supported by the building and projecting
over public property.
BOOK 254 PAGE 812
Page 3
(j ) Noncombustible material shall mean any material which
will not ignite at, or below, a temperature of one thousand
two hundred (1, 200) degrees Fahrenheit during an exposure
of five (5) minutes , and which will not continue to burn or
glow at that temperature, as specified in the building
code.
(k) Nonstructural trim shall mean the molding, battens ,
caps, nailing strips, latticing, cutouts or letters and
walkways which are attached to the sign structure.
(1) Pole sign shall mean any sign supported wholly by a
pole or poles in the ground which are not a part of a
building.
(m) Portable sign shall mean any sign consisting of solid
materials, whether on a frame, chassis, or wheels, which
can be moved from one location to another.
(n) Projection shall mean the distance by which a sign
extends over public property or beyond the building line.
(o) Roof sign shall mean any sign attached to roof
framing, walls or columns of the building on which the
entire advertising display is above the roof level.
(p) Sign shall mean any medium, which is used or intended
to be used to attract attention to the subject matter for
information or advertising purposes.
(q) Sign structure shall mean the supports, uprights ,
braces , and framework of the sign.
(r) Temporary sign shall mean any sign, banner, pennant,
valance, or advertising display constructed of cloth,
canvas , light fabric, cardboard, or other like materials ,
without frames, intended to be displayed for a limited
period of time only.
(s) Wall sign shall mean any sign attached to or erected
against the wall of a building or structure, with the
exposed face of the sign in a plane parallel to the plane
of the wall.
Sec. 3-30. Scope of article.
(b) The regulations of this chapter are not intended to
permit any violation of the provisions of this Code or of
any other lawful city or state ordinance.
Sec. 3-31. Obstruction of traffic-control signs ; signs
along highways.
No sign shall be erected in such manner as to confuse or
obstruct the view of any official traffic sign, signal or
device. In the case of property abutting a State property,
the sign shall be erected in such a manner as to comply
with Chapter 306C, Code of Iowa (1983) .
Sec. 3-31. 2. Church signs.
Church signs are permitted on public parking but when
erected shall not obstruct the view of traffic or traffic
signals , and shall be limited to two (2) square feet in
area and shall be erected by a licensed sign erector.
BooK 254 PAGE 813
Page 4
Sec. 3-32. Sign painters and erectors : Licenses required;
exception ; license fees ; erector 's bond
required ; amount, terms and conditions of
bond.
(c) (1) A sign painted on a building by an owner or lessee
on their own property.
(d) The applicant, at the time of applying for license
required in subsection (b) , shall execute and file with
said application a surety and performance bond in the
amount of Five Thousand Dollars ($5,000. 00) signed by
sureties to be approved by the City Council. The terms of
such bond shall guarantee the full compliance by the
principal with all ordinances of the City of Waterloo
regulating and licensing such operation and guaranteeing
the payment of any fines or penalties which may be assessed
to the extent of the face amount of said bond.
Sec. 3-37. Signs subject to inspection; electrical wiring
to conform to the Electrical Code;
reinspections ; nameplates.
(a) All signs for which a permit is required by this
article shall be subject to inspection and reinspection by
the Building Official at his discretion.
(c) The sign erector 's name must appear visibly on all
signs.
Sec. 3-38. Appeals from action of the Building Official :
Persons entitled to appeal ; notice of appeal to
administrator of inspections ; determination of
Inspection Review Board.
Any person who has been ordered by the Building Official to
incur an expense for the alteration or removal of any sign,
or any person whose application for a permit for a sign has
been refused, may appeal to the Building Inspection Board
of Appeals by serving written notice to the Building
Official. The notice of appeal must be served upon the
Building Official by personal service or certified mail
within twenty (20) days after the date of the order of
removal or the date the application for permit has been
refused. The notice shall immediately be transmitted to
the Board of Appeals. All appeals shall be handled in the
manner outlined in the building code.
DIVISION 2. PERMITS
Sec. 3-45. Required ; exceptions ; compliance with chapter
necessary.
(a) No sign, permanent, or portable, shall be painted ,
constructed, erected, re-erected, moved, or altered except
as provided by this article, and until a permit therefor
has been issued by the Building Official.
(b) The following signs and sign work shall not require a
sign permit:
(1) The repair, repainting or cleaning of the sign or
changing of the advertising copy or message thereon.
(2) A temporary job sign or a sign erected on a
construction site, which does not exceed 32 square
feet in area, which shall be immediately removed upon
completion of the project.
Bov 254 PACE 814
Page 5
(3) Real estate sign which does not exceed 9 square
feet and which advertises either the sale or rental of
the property on which the sign is placed. Only one
such sign per real estate office or frontage shall be
placed on a property at any one time.
(4) A sign stating the name and profession of the
occupant of the property on which the sign is located ,
which size shall not exceed 1 square foot in area.
(5) A wall sign not exceeding 2-1/2 square feet in
area.
(6) Signs that are an integral part of the building.
(7) One ground sign which denotes a new subdivision
and is placed at the entrance of said subdivision.
Said sign shall not exceed 32 square feet and shall be
promptly removed when 75 percent of the lots are
sold.
(8) All political signs which comply with Chapter
306C.22, Code of Iowa (1983) .
(9) Temporary signs.
(10) Bus Benches used for advertising, which have
been placed according to City Ordinance No. 3226.
These exceptions shall not be construed as to relieve the
owner of the sign from the responsibility of its erection,
maintenance and full compliance of the provisions of this
article or any other law, provisions of this Code or any
other City Ordinance regulating signs.
Sec. 3-47. Permit fees ; penalty for failure to obtain a
permit.
The following permit fees shall be required for all permits
required by this division:
(a) The sign permit fee shall be Twenty-Five Dollars
($25. 00) for the first one hundred (100) square feet, plus
Five Dollars ($5.00) per each additional one hundred (100)
square feet or fraction thereof of the display surface. In
the case of multiple display surface, all display surface
shall be added and the fee based on one-half (1/2) the
total area. In the case of several signs being attached to
one building or structure at the same time, only one permit
fee may be required provided, however, that a list is
submitted with the application for permit giving the sizes ,
copy and location of all signs covered by the permit
application.
Sec. 3-48. Tag to be issued with permit ; display.
Each sign for which a permit is issued pursuant to this
division, and is erected , constructed , or maintained shall
be plainly marked with a permit number tag furnished at the
time the permit is issued. Said tags shall be placed in
such a manner as to be reasonably visible.
BooK 254 PACE 815
Page 6
DIVISION 3. DESIGN, CONSTRUCTION AND MATERIALS
Sec. 3-61. Restrictions on use of combustible materials .
(a) All permanent signs and sign structures erected in the
C-3 Zoned area of the City shall be of noncombustible
materials.
(c) Combination signs , roof signs , wall signs , projecting
signs, and signs on marquees shall be constructed of
noncombustible materials, except as provided for
nonstructural trim. No combustible materials other than
approved plastics shall be used in the construction of
electric signs.
Sec. 3-62. Materials for nonstructural trim.
Nonstructural trim may be of wood, metal, approved
plastics , or any combination thereof, except in the C-3
Zoned area of the City.
Sec. 3-64. Use of fireproof separating retainers on
plastic sign face.
All plastic sign faces shall have a fireproof separating
retainer every two hundred fifty (250) square feet.
Sec. 3-73. Electric signs : Illumination; flashing and
rotating beacons ; statement of power
consumption.
(d) All electrical wiring to permanent signs shall be
underground and enclosed in the structure or raceway, or
said wiring shall meet the requirements of the Utility
Company if installed overhead.
Sec. 3-74. Temporary signs : Area; height ; not to be
fastened to the ground ; maximum time;
projection.
(b) Temporary signs may remain in place for a period not
exceeding sixty (60) days.
(d) Portable signs , whether on wheels , chassis , or frame,
and whether licensed by the motor vehicle department or
not, with either fixed or changeable letters , must meet all
sections of this or any other city ordinance.
(1) Portable signs shall not exceed eight (8) feet in
height above the surrounding grade nor more than
twelve (12) feet in length.
(2) Portable signs shall not remain on any one
property or location for a period exceeding sixty (60)
days at any one time.
(3) A portable sign shall not be placed on a property
more than ninety (90) days in any one calendar year.
That Sections 3-49 and 3-73(e) and (f) are hereby added to
Chapter 3, Advertising and Signs, as follows :
Sec. 3-49. Liability Insurance.
Every owner of a sign which is subject to this Code shall
carry liability insurance for the erection, construction,
and maintenance of said sign.
BOOK 254 PACE �6
Page 7
Sec. 3-73. Electric signs : Illumination; flashing and
rotating beacons ; statement of power
consumption.
(e) No exposed electric wire connected to a temporary or
portable sign shall exceed ten (10) feet in length and it
shall be wired directly to the sign and shall be of a size
equal to the computed load.
(f) All electric connections to any sign whether
permanent, portable or temporary shall be done by a
licensed electrician according to the National Electric
Code.
PASSED AND ADOPTED by the City Council this 13 day of
f'k by- L 1984, and approved by the Mayor this L
day of— a� 1984.
Del Bowers, Mayor
ATTEST:
Larr P. ger, ity erk Auditor
INDEUP
COMP;vuo k
PAC-01W
10148
BLACK HAWK COUNTY, IOWA:SS
Filed For record �.73 191-il
at -'d4 m, and recorded in
-hL4 ,c. Book ;Z 5 1/
Page 8 I y
Recorder
Deputy
Certificate
...... ........., City Clerk of the City of Waterloo, Iowa, do hereby certify
that attached hereto is a true and complete copy of....._.... ........................................................... No. .....`3`3a 5..,.., as
passed and adopted 'by the Council of the City of Waterloo, Iowa, on the .......... 3.... day of.
19........5.V
Witness M,y Hand and Seal of Office this .......a.�.... day of .............................................. 119 19..... .Y.
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SEACi.
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...................City Cl
Bov 254 PAGE 817
(-1 -73
STATE OF IOWA,
SS I, ___•____James__L.__Rathe
Black Hawk County, - --- ----- ----------------
R�tl:biscboerx of the �U Q'f O 11 Cl c C'
a daily newspaper printed in the English
language and published in Waterloo, Black Hawk Countyt Iowa do solemnly swear that
the annexed copy of---0rdinance No . 3325
- - --- --------------------------------------- --------
notice was published in the English language only
once t -- -- --- xat9tVtlil�Cli'x
--xkWX ----- -
--------------------
commencing on the-------5 t-h---- day of - Much--- --- -----19--fly
in the issudwof--------March 59 1984
---------------------------------------------------------
of said newspaper, and
that the annexed rate of advertising is the regular legal rate of
said newspaper, and that the following is a correct bill for pub-
lishing said notice.
°+ Printer' Bi11
d $ -, -----C-
ft ......7a------ -
- ------------------------------------------
,tqo Subscribed and sworn to before me thisof C�G
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- Notary Publto ---
Received of____________
-------------------------------------------- -------------------
the sum of------__ - -------------------- Dollars
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in full for publication of the above notice.
---------------------------------. -------------------------------------------------------
Publishers,