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HomeMy Public PortalAboutORD 274-01-22_Iona Sign Ordinance Instrument p 1714014 Bonneville County Idaho Falls, Idaho 02/03/2022 01:36:24 PM No. of Pages: 8 Recorded for: CITY OF IONA �v Penny Manning Fee: $0.00 Ex-Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO.274-01-22 AN ORDINANCE OF THE CITY OF IONA, IDAHO; ENACTING SECTION 11-1-10 OF THE IONA CITY CODE; SPECIFYING REQUIREMENTS FOR ZONING AND LAND USE CHANGE APPLICATIONS; REPEALING AND REENACTING CHAPTER 10 IN TITLE 11 OF THE IONA CITY CODE, RELATING TO THE REGULATION OF SIGNS ON PUBLIC PROPERTY; AMENDING SECTION 3-3-2(A) OF THE IONA CITY CODE; SPECIFYING THE PLANNING AND ZONING COMMISSION'S DUTIES WITH REGARD TO THE IONA ZONING ORDINANCE;AMENDING SECTION 9-2-1 OF THE IONA CITY CODE;ADDING DETAIL ON THE ADOPTED MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; AMENDING SECTION 9-2-2 OF THE IONA CITY CODE; CLARIFYING WHAT CONSTITUTES AN UNAUTHORIZED TRAFFIC SIGN OR SIGNAL; AMENDING SECTION 10-2-4(J) OF THE IONA CITY CODE; CLARIFYING LIMITATIONS ON SIGNS THAT MAY BE ATTACHED TO OR SUPPORTED BY AN ANTENNA OR WIRELESS COMMUNICATION TOWER; AMENDING SECTION 11-1-5(A)(32) OF THE IONA CITY CODE; REVISING THE DEFINITION OF "SIGN" FOR PURPOSES OF THE ZONING ORDINANCE OF THE CITY OF IONA; AMENDING SECTIONS 11-4-2, 11-4A-2, AND 11-5-2 OF THE IONA CITY CODE; REMOVING REGULATION OF SIGNS LOCATED IN RESIDENTIAL ZONES; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Enactment of Section 11-1-10 of the Iona City Code. Section 11-1-10 of the Iona City Code of the City of Iona, Idaho, is hereby enacted as follows: 11-1-10: ZONING AND LAND USE CHANGE APPLICATIONS. All applications for zoning and/or land use changes (e.g., original zoning, rezoning, conditional use permits, and variances) shall (A) be submitted in writing,by fully completing the applicable form adopted by the City Clerk, (B) contain or incorporate all such information required by this Zoning Ordinance or otherwise necessary to enable the City Council to determine whether the proposed change or use will comply with the provisions of this Zoning Ordinance; and (C) accompanied by the applicable filing fee adopted by resolution of the City Council. Section 2. Repeal of Chapter 10 in Title 11 of the Iona City Code. Chapter 10 of Title 11 of the Iona City Code of the City of Iona, Idaho, is hereby repealed. Section 3. Reenactment of Chapter 10 in Title 11 of the Iona City Code. Chapter 10 of Title 11 of the Iona City Code of the City of Iona, Idaho, is hereby reenacted in a form set forth in Exhibit A attached hereto and incorporated herein by reference. Section 4. Amendment of Section 3-3-2(A) of the Iona City Code. Section 3-3-2(A) of the Iona City Code is amended as follows: I (A) The enforcement of the Zoning Ordinance, the Sign CedeOrdinance, the Subdivision Ordinance, and all uniform codes or ordinances relating to the construction of any building or structure within the City and any health or safety regulations applicable thereto, except for the Uniform Fire Code. Section 5. Amendment of Section 9-2-1 of the Iona City Code. Section 9-2-1 of the Iona City Code is amended as follows: 9-2-1: ADOPTION OF UNIFORM MANUAL. The City hereby adopts the 2009 edition of the Manual on Uniform Traffic Control Devices, including revisions 1 and 2 thereto, which are published by the Federal Highway Administration of the U.S. Department of Transportation, r any other manual adopted by the Idaho Transportation Department of Law Enforcement pursuant to the provisions of Idaho Code Section 49 201. All traffic signs, signals and devices installed within the City shall (A) be approved and authorized by the Council and (B) conform to the provisions of such Uniform Manual on Uniform Traffic Control Devices, except as otherwise expressly ordered by the Council. Section 6. Amendment of Section 9-2-2 of the Iona City Code. Section 9-2-2 of the Iona City Code is amended as follows: 9-2-2: DISPLAY OF UNAUTHORIZED SIGNS OR SIGNALS. Any person who—without the approval and authorization of the City Council—places,maintains,or displays upon any street, alley, public right_-of--way, or private property any unauthorized sign, signal, marking, or device which-that imitates or resembles any official traffic control sign, signal, or device is guilty of a misdemeanor. Such signs,signals,or devices may be summarily removed by any police,-ef fire,or public safety officer or y any employee of the City's Public Works Division. Section 7. Amendment of Section 10-2-4(J) of the Iona City Code. Section 10-2-4(J)of the Iona City Code is amended as follows: (J) Signs. Advertising-No signs, as defined in Section 11-1-5 of this Code, may be attached to or supported by an antenna or Wireless Communication Tower, except for any sign that is (1)required by law or(2)necessary for safety. Section 8. Amendment of Section 11-1-5(A)(32) of the Iona City Code. Section 11-1-5(A)(32) of the Iona City Code is amended as follows: (32) SIGN: Any entire or any part of a structure, of natural object; (such as a tree, rock, bush, or-and the ground itself, or man-made object or part thereof or device attached thereto or painted or represented thereon, which-that is displayed to the public is used to (a) communicate any message; (b) attract attention to any object, product, place, activity, person, institution, organization, or business, and/or (c)which displays or includes any letter, word, image, symbolmedel, banner, flag, pennant,insignia,device,or representation used as, or which is in the nature of an 0 0 For the purpose of this definition,the word sign does not include the United States flag or flag of the State of Idaho, pennant or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event. Section 9. Amendment of Section 11-4-2 of the Iona City Code. Subsection 11-4-2(E) is hereby repealed,and Subsections 11-4-2(F)through 11-4-2(H)of the Iona City Code are renumbered,decreasing the letter of each subsection by one(e.g., 11-4-2(F)is now 11-4-2(E)). Section 10. Amendment of Section 11-4A-2 of the Iona City Code. Subsection 11-4A-2(F) is hereby repealed, and Subsections 11-4A-2(G)through 11-4A-2(H)of the Iona City Code are renumbered, decreasing the letter of each subsection by one (e.g., 11-4A-2(G) is now 11-4A-2(F), and 11-4A-2(H) is now 11-4A-2(G)). Section 11. Amendment of Section 11-5-2 of the Iona City Code. Subsection 11-5-2(D) is hereby repealed,and Subsections 11-5-2(E)through 11-5-2(F)of the Iona City Code are renumbered,decreasing the letter of each subsection by one (e.g., 11-5-2(E) is now 11-5-2(D), and 11-5-2(F) is now 11-5-2(E)). Section 12. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Section 13. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 14. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 15. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this /3 day of jm✓1/ey , 2022. Dan ubler Mayor ATTEST: ,; _ /1/AA 1 I>"-r''- • Keri West (SEAL) �l`• .. City Clerk w " dal V STATE OF IDAHO / " " )ss. County of Bonneville ) I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full,true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA,IDAHO;ENACTING SECTION 11-1-10 OF THE IONA CITY CODE; SPECIFYING REQUIREMENTS FOR ZONING AND LAND USE CHANGE APPLICATIONS; REPEALING AND REENACTING CHAPTER 10 IN TITLE 11 OF THE IONA CITY CODE, RELATING TO THE REGULATION OF SIGNS ON PUBLIC PROPERTY; AMENDING SECTION 3-3-2(A) OF THE IONA CITY CODE; SPECIFYING THE PLANNING AND ZONING COMMISSION'S DUTIES WITH REGARD TO THE IONA ZONING ORDINANCE;AMENDING SECTION 9-2-1 OF THE IONA CITY CODE;ADDING DETAIL ON THE ADOPTED MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; AMENDING SECTION 9-2-2 OF THE IONA CITY CODE; CLARIFYING WHAT CONSTITUTES AN UNAUTHORIZED TRAFFIC SIGN OR SIGNAL; AMENDING SECTION 10-2-4(J) OF THE IONA CITY CODE; CLARIFYING LIMITATIONS ON SIGNS THAT MAY BE ATTACHED TO OR SUPPORTED BY AN ANTENNA OR WIRELESS COMMUNICATION TOWER; AMENDING SECTION 11-1-5(A)(32) OF THE IONA CITY CODE; REVISING THE DEFINITION OF "SIGN" FOR PURPOSES OF THE ZONING ORDINANCE OF THE CITY OF IONA; AMENDING SECTIONS 11-4-2, 11-4A-2, AND 11-5-2 OF THE IONA CITY CODE; REMOVING REGULATION OF SIGNS LOCATED IN RESIDENTIAL ZONES; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West /L City Clerk EXHIBIT A CHAPTER 10 Iona Sign Ordinance SECTION: 11-10-1: Title and Purpose 11-10-2: Scope 11-10-3: Traffic and Private Access Road Signs 11-10-4: Only City Signs Allowed on Public Property 11-10-5: Enforcement 11-10-1: TITLE AND PURPOSE. This chapter shall be known as the Iona Sign Ordinance. The Council finds and declares that this Iona Sign Ordinance is necessary to regulate the construction, erection, and maintenance of signs on public property within the City to protect the health, safety, property, and welfare of the public; improve the neat, clean, orderly, and attractive appearance of the City; and provide for sign needs of special or noteworthy areas, facilities, and events. 11-10-2: SCOPE. This Iona Sign Ordinance applies to all Signs on public property within the City. For purposes of this Iona Sign Ordinance, "public property" refers to real property that is owned by or has been dedicated to (and accepted by) the City or another governmental entity, including all roadways and rights-of-way for public access; it does not include any utility or other easement interest that does not provide public access. 11-10-3: TRAFFIC AND PRIVATE ACCESS ROAD SIGNS. Notwithstanding any provision of this Chapter to the contrary: (A) Any Sign for the purpose of controlling or regulating traffic is allowed only upon strict compliance with the provisions of Chapter 2, Title 9 of this Code (regarding Traffic Control Signs and Signals), as the same currently exists or is hereafter amended. (B) Any sign required in relation to any private access road by Section 11-11-26 of this Code or other applicable law is hereby allowed separate from and independent of any other restrictions of this Chapter, subject only to the requirements of Section 11-11-26 of this Code or other applicable law. 11-10-4: ONLY CITY SIGNS ALLOWED ON PUBLIC PROPERTY. Regardless of any underlying zoning, only the City;the City's authorized employees,agents,and contractors; or another person authorized by the City Council may place any Sign within any part or portion of public property. 11-10-5: ENFORCEMENT. The City may remove and dispose of any sign placed on any public property in violation of this chapter. Any person who knowingly and willfully violates the provisions of this chapter shall be guilty of an infraction.