Zoning Ordinance Text AmendmentPlanning Services Department
50 West 13th Street
Dubuque, Iowa 5200I-4864
Phone (319) 589-4210
Fax (319) 589-4221
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
April 11, 2001
RE: Text Amendment
Applicant: Lamer Outdoor Advertising/City of Dubuque
Description: To amend Section 4-3.11 of the Zoning Ordinance to establish a minimum
spacing of 750 feet between any two off-premise sign structures located
along a Federal Aid Primary Highway and a minimum of 500 feet between
any two off-premise sign structures located along any other highway or
street within the City.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Assistant Planner Guy Hemenway reviewed proposed language to amend spacing
requirement for off-premise sign structures. There were two representatives of Lamar
Advertising who spoke in support, and a representative of Gene Bird Sign Company
who spoke in opposition. Written comments were received from Bressler Outdoor
Advertising, Winter Park, Florida.
The Zoning Advisory Commission discussed the request, noting that the proposed
language makes a distinction between highways and city streets, and will help to
preserve community character and protect the City from over proliferation of off-premise
sign structures.
Recommendation
By a vote of 5 to 1, with one abstention by the Chairperson, the Zoning Advisory
Commission recommends that the City Council approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. -01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OFORDINANCES BY REPEALING SECTION 4-
3.11 SCHEDULE OF SIGN REGULATIONS FOR OFF-PREMISE SIGNS AND
ADOPTING A NEW SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS
FOR THE OFF-PREMISE SIGNS IN LIEU THEREOF, PERTAINING TO
INCREASING THE SPACING BETWEEN OFF-PREMIMSE SIGNS FROM 100
FEET TO 750 FEET.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by repealing Section 4-3.11 Schedule of Sign
Regulations for Off-Premise Signs and adopting the following new Section 4-3.11
Schedule of Sign Regulations for off-premise signs in lieu thereof, pertaining to
increasing the spacing between off-premise signs along federal aid primary (FAP)
highways from 100 feet to 750 feet, and increasing the spacing of off-premise signs on
all other city streets from 100 feet to 500 feet.
Section 2. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by amended Section 4-3.10 Sign Calculations by
adding Section 4-3.10(K)[10] pertaining to spacing measurement for off-premise signs
as shown in Exhibit 2.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of
, 2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
4-3.11 Schedule of sign regulations - contd.
Regulated Signs
..... Maximum
Zoning Allowable Allowable Projection
District Content Maximum Area Minimum Spacing Structure Type Height into ROW Ughting Motion Setbacks
Off-Premise Signs
C-2 All off-premise 300 sq. ft. sign. As determined by Wall-mounted Below eave Minimum 20 feet setback
signs are Zoning Board of or parapet from front property line.
conditional Adjustment at public Minimum 100 foot setback
use hearing, Freestanding 25; feat from historic districts,
C-3 All off-premise 300 sq. ft. sign or 750 sq, ft. Spacing between any Wall-mounted Below eave Minimum 100 foot setback
signs, sign allowed if freestanding and two off-premise sign or parapet No from historic districts.
abuts ~cate or federal highway, structures, which are 0 Flashing None
or If freestanding and setback located on either side Freestanding 50 feet
is at least 200 feet from historic of Federal Aid Primary
districts. Highway(s), and
oriented toward said ....
C-4 300 sq. lt. sign or 750 sq. ft. highway(s) will be no Wall-mounted Below eeve
sign allowed If freestanding and less than 750 feet, or parapet
abuts state or federal highway, and spacing between
or if freestanding and setback any two off-premise Freestanding 50 feet
Is at least 200 feet from historic sign structures, which
districts, are located on either
side of all other db/
CS 300 sq. ft. sign or 750 sq. ft. street(s) and oriented Wall-mounted Below eave
sign If freestanding and abuts toward said city or parapet
state or federal highway, or if street(s) will be no
freestanding and setback is at less than 500 feet. A Freestanding 50 feet
least 200 feet from historic lineal measurement
districts, perpendicular to the
center line of the
CR 750 sq. ft. sign, roadway(s) will apply Wall-mounted Below eave
to determine required or parapet
distance and is taken Freeatandlng 50 feet
from the nearest
point of each
I_[ 300 sq, ft. sign or 750 sq. ft. structure. Wall-mounted Below eave Minimum 100 foot setback
NH:[ sign if setback is at least 200 or parapet from historic districts.
feet from historic districts.
Freestanding 50 feet
H:[ 750 sq. ft, sign. Wall-mounted Below eave
or parapet
Fr~standlng 50 feet
PUD As spadfled in the particular PUD district.
,EXHIBIT 2
4-3.10[K){t0)
I
I
I
I
I
I
Right of Wa~
Spa~/~g Measurement
Street or Highway
Right of Way
Spacing Measurement
Street or Highway
Right of Way
City of Dubuque
PIanning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4216
Fax: 319-589-4149
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
PLANNING APPLICATION FORM
Rezoning
Planned District
Preliminary Plat
Minor Final Plat
Text Amendment
Simple Site Plan
Minor Site Plan
Major Site Plan
Major Final Plat
Simple Subdivision
Annexation
Temporary Use Permit
Certificate of Appropriateness
Certificate of Economic Hardship
Other:.
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):. Lamer Advertising Co.
Address: 1690 Elm Street City: Dubuque State: IA Zip: 52001
Fax Number: 319-556-8648
Mobile/Cellular Number:
Applicant/Agent: Jim Schumacher Phone:
Address: ~. City: State: Zip:
Fax Number: Mobile/Cellular Number:
Site location/address:
Phone:319-556-4141
State: IA Zip:52001
319-590-4006
Existing zoning: Proposed zoning: Historic district: Landmark:
Legal description (Sidwell Parcel ID number or lot number/block number/subdivision):
Total property (lot) area (square feet or acres): Number of lots:
Describe proposal and reason necessary (attach a le~er of exolanat, on, if n~o_,~).== ,~ · To amend Off-Premise
sign language pertaining to spacing between signs to preserve community character,
and insure logical growth through-out city. (See attached recommended language)
CERTIFICATION: I/V/e, the undersigned, do hereby cerli~ tha~:
The information submitted herein is true and correct to the best of my/our knowledge and Upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approve; and
Ail additional required written and graphic materials are attached.
Property Owner(s): Lamer Advertising Co,
//
Oate:12-22-00
Date: i-~-oj
~ ~FOR OFFICE USE ONLY - APPLICATION SUBMI,"FI-AL CHECKLIST
~ee: · /~ ~- , Rece,ved by: ,-~ ~;-~--/,~ --~:,,~/~,~..'~_..~,' Date:' ' '~'~ ~ /7 ,¢ Docket
,, P, ope,ty ownership hs /sketch plan ~ Floor plan ~ Pre( G Conceptua! development plan
· ~ Improvemen( pia~s r~ Design review proiect description
/
Text amendment request for City of Dubuque Ordinance 4-3.11 pertaining to spacing
between Off-premise sign structures.
Suggested language as follows:
The minimum spacing between any two- (2) off-premise sign structures, which are
located on either side of an FAP Highway route or City Street will be no less than 750
feet. A lineal measurement will apply to determine required distance, and is taken from
the nearest point of each structure.
~XHIBIT 1
RSght of ~ay
Spacing Measurement
Street or Highway
Right of Way
Spacing Measurement
Street or Highway
Right of Way
Bressler Outdoor
April 3, 2001
ViA FACSIMILET RANSMISSION ONLY
Zoning Advisory Commission
City Hall
50 W. 13th Street
Dubuque, Iowa 52001
RE: Written Comment on Proposal to Amend Section 4-3.11 of the Zoning 0rdinance
regarding outdoor advertising sign
Dzar Sir/Madam:
Pleas~ accept this as a wdU=n comment, to be made part of ~c re~ ~ng ~e public
h~g ~ul~ ~ Ap~l 4, 2~ 1 ~g~g ~e Ci~ of ~b~e's ~s~
~am~t to 8~io~ 4-3.11 of the ~g O~ce w~ch peU~m to ouMoor
adv~S~ si~.
~e ~ ~o fl~ ~ ~ p~d o~ce ~ge. ~ the ~t sc~, ~
~ ~ m~ a~t ~ ~ s~$ ~ ~s to 750 f~t if ~c
on ~d ~way(s)...". If the ~t~t of ~= ~d~e ~ to m~= s=e ~ ~ appropriate
sp~ing b~ ~o s~ ~t adv~o m ~e s~ r~y ~ ~at ~= ~veling pubtic
d~eated ~ ~e ~nt ~age. A si~ ~ c~ ~lace a si~ ~ ~d not
it t~ a ~way ~d m~e ~e ~nt ~at ~ce il is no[ "ofient~" mw~
m~ay, ~im ~e ~ ~ ~ ~ve~g ~ dm[ ro~ay =e ~ m~ded aud~enc~
~e 750 fool ~g do~ not ~pIy. ~ si~fion is ~oiv~ when you ~ ~e
~ge ~d ~d~ m ~ ~iew~ by ~o~ ~e~ on ~d ~gh~y(~)' bec~u~ you
don't ]~k at ~c ofi~mfion of ~e ~, but you l~k at w~ is ~ ~t~ded a~i~nce, i.~
those ~veI~g ~ ~e
o~in~ce ~ m include
~e o~ me~s o~ ad~g ~is pot~fia[ haza~ in ~ c~ be done by adding
a~l ~ge w~ defines or c~ "odored." T~
p~i~ by the Io~ D~eat of T~on m ~d to a p~l~ highway
~e ~ is d~efl ofi~ed m ~a~ highway."
BRESSLER OUTDOOR ADVERTISING, L.L.C.
170 W. FAIRBANKS AVE., SUITE 102 · wINTER PARK. Ft. 32789
(407) 62'2'-104° ' ($00) 570-3232" FAX: (407) 622-1045
Zo~og Advisor~ Commission
~Two , . ~s~,~
~aw~~ o~
~ ~ ~; ~ly ~ ~ ~t h~c ~e 1~c -a~ on~
~ ~ ~ s~S), ~ '
~ ~ ~ ~e ~o~ of ~ s~t~ w~ ~s ~ ~g ~ ~ s~
......
~l~o ~ ~ ..... ~-. ~ s~r -
pw~d~ ~ ~acm~ ~uo~ ~, .-~ . ·
along F~ ~d ~ ~ays ~ ex~- ~sler ~d~rw~ld
of a ~on w~ch r:~ ~a~ at a ~ of ~ feet ~o~ Fed~l
pfi~ ~. B~sl~ ~oor beh~ ~at TS0 ~, ~ w~ a~ lo ~ Ci~
Co--il at t~ ~ge~ p~lic ~g, s~h a ~c i~se ~out ~y s~a for
su~ a m~v~ ~e s~ ~ ~ ~ ~el is 1~ ~t on ei~ ~ of ~e wad~y.
For ~ Ci~ to ~ ~ a logit ~g ~ a T5~t ~c~g ~s ~o
~ ~ a~te ~ ~ ~ ~ng of ~ ~s ato~ W~Y for
p~ of~ufi ~e ~c ~ of a ~i~. Wi~ ~g of 5~ ~ on
~ ~ of~ ~way, ~ Ci~ of ~ ~ ~ able ~ ad~aWly ~eve
~ ~m ~ ~e ~ om of doing bm~ ~,~i, lh~ Ci~.
~ m ~ h im ~, ~ loews:
~ by ~ ~g ~o~ s~d M~ay(s), ~1 ~ no lms ~n 500
~ ~ ~ ~g Be~ ~Y ~o off-p~se s~ s~c~e, which
~v~ ~o~g ~id ci~ s~t(s), will b~ no less ~n 500 feet. A
~m~ ~C~ ~ ih~ c~n~ l~e of ~e m~way w~l apply to
Zoning Advisory Commission
April 3, 2001
Page Three
determine required distance, and is taken from the nearest point of each
structure."
Please feel free to call me with any questions or comments.
Jennifer Sloane
General Counsel
Bressler Outdoor Advertising
cc: Guy Hemingway (via e-mail tramission)
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 31, 2001
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Guy Hemenway, Assistant planner
Text Amendment to Increase Minimum Spacing of 0ff-Premise Signs
(billboards) from 100 feet to 750 feet
INTRODUCTION
The proposed text amendment will increase the minimum separation of off-premise
signs (billboards) from 100 feet to 750 feet. The amendment was submitted by Lamar
Advertising, Inc.
BACKGROUND
The 1985 City of Dubuque Zoning Ordinance implemented 100 foot spacing
requirements for off-premise signs, and this requirement was not altered after the
comprehensive revision to the sign section of the Zoning Ordinance in 1990. In 1999,
Planning Services staff surveyed nine cities in Iowa to determine typical sign separation
requirements in these communities. Sign separation varied from a low of 200 feet in
Clinton and Sioux City, to a high of 1,500 feet in West Des Moines and Davenport. The
average for all cities in the state of Iowa at the time of the survey was approximately
600 feet.
DISCUSSION
The applicant has asked to amend language in the Zoning Ordinance that requires a
minimum of 100 feet of separation, in one direction, between billboards. The proposed
language states: "The minimum spacing between any two off-premise sign structures,
which are located on either side of a highway or city street and oriented toward said
highway(s) or street(s), will be no less than 750 feet. A lineal measurement
perpendicular to the centerline of roadway will apply to determine required distance,
and is taken from the nearest point of each structure." The applicant has included a
diagram illustrating the proposed language attached as Exhibit 1.
Currently, Section 4-3.11 of the City of Dubuque. Zoning Ordinance requires that in C-3,
C-4, CS, CR, LI, MHI and HI zoning districts) off-premise signs be separated 100 feet
from each other in the same direction. This means that signs facing a roadway in the
same direction are required to be separated a minimum of 100 feet. Off-premise signs
in a C-2 district require that a conditional use permit first be approved by the Zoning
Board of Adjustment. The proposed text amendment would not affect off-premise
signage in the C-2 district.
Dubuque County Court House records indicate that there are 82 billboards within the
corporate limits of City of Dubuque. The applicant, Lamar Advertising, Inc., owns 69 of
these. Planning Services staff research indicates that of these billboards, 20 are
currently non-conforming because of their location, sparing, size or other factors. If
the amended language were approved, the number of billboards that are non-
conforming would increase by 43 to 63.
Non-conforming billboards Can be rebuilt if: 1) they are rebuilt in such a manner as to
reduce the non-conformity; or 2) they are destroyed or damaged to an extent that is
less than 75% of their replacement value.
The minimum spadng requirement of 750 requested by the applicant appears to be
consistent with spadng required by several other communities within the state of Iowa.
Sparing requirements have been added to-municipal ordinances, and increased
throughout the years, in an effort to: 1) limit the visual clutter that is associated with
multiple billboards in a small location; 2) preserve community character; and 3) protect
scenic vistas and historoc districts, often associated with communities whose economies
are partially de[endent on tourism:
RECOMMENDATION
Staff recommends that the Commission review the information provided.
GH/mkr
Enclosure
CITY OF DUBUOUE, IOWA
MEMORANDUM
March 28, 2001
TO:
FROM:
SUB.1ECT:
Zoning Advisory Commission
Guy Hemenway, Assistant Planner
Text Amendment to Increase Minimum Spacing of Off-premise Signs (billboards)
from 100 feet to 750 feet on Federal Aid Primary Highways and from 100 feet to
500 feet for structures located on all other City Streets
INTRODUCTION
The proposed text amendment will increase the minimum separation of off-premise signs
(billboards) from 100 feet to 750 feet on federal aid primary highways and from 100 feet to 500
feet on all other city streets. Lamar Advertising, Inc. originally submitted an amendment that
would establish a 750 foot spacing requirement throughout the city. The City Council requested
that the Zoning Advisory Commission review spacing alternatives and recommend alternative
language to the original amendment by Lamar Advertising, Inc.
BACKGROUND
The 1985 City of Dubuque Zoning Ordinance required 100-foot spacing for off-premise signs and
this standard was not changed after the comprehensive revision of the sign section of the
Zoning Ordinance in 1990. In 1999, Planning Services staff surveyed nine cities in Iowa to
determine typical sign separation requirements in these communities. Sign separation varied
from a Iow of 200 feet in Clinton and Sioux City, to a high of 1,500 feet in West Des Moines and
Davenport. The average for all cities in the state of Iowa at the time of the survey was
approximately 600 feet.
DISCUSSION
Lamar Advertising, Inc. originally asked to amend language in the Zoning Ordinance that
requires a minimum of 100-foot separation, in one direction, between billboards. The proposed
language stated, "the minimum spacing between any two off-premise sign structures which are
located on either side of a highway or city street and oriented toward said highway (or street),
will be no less than 750 feet. A lineal measurement perpendicular to the centerline of the
roadway will apply to determine required distance, and is taken from the nearest point of each
structure." The applicant included a diagram illustrating the proposed language (attached as
Exhibit 1). The Zoning Advisory Commission recommended approval of the above language at
its 3anuary 3, 2001 meeting, and subsequently the City Council asked the Zoning Advisory
Commission to review the original amendment and to explore spacing alternatives.
Based on group discussion at their March 7, 2001 meeting, Zoning Commissioners recommended
the language be changed to read, "The minimum spacing between any two off-premise sign
structures, which are located on either side of a federal aid primary highway(s) and oriented
Zoning Advisory Commission
March 26, 2001
Page 2
toward said highway(s), will be no less than 750 feet, and the minimum spacing between any
two off-premise sign structures which are located on either side of all other city street(s) will be
no less than 500 feet. A lineal measurement perpendicular to the centerline of the roadway(s)
will apply to determined required distance, and is taken from the nearest point of each
structure."
Currently, Section 4-3.11 of the City of Dubuque Zoning Ordinance requires that in C-3, C-4, CS,
CR, LI, MHI and HI zoning districts, off-premise signs be separated 100 feet from each other in
the same direction. This means that signs facing the roadway in the same direction are required
to be separated by a minimum of 100 feet. Off-premise signs in a C-2 district require that the
Zoning Board of Adjustment first approve a conditional use permit. The modified text
amendment would not affect off-premise signage in a C-2 district.
Dubuque County Court House records indicate that there are 82 billboards within the corporate
limits of the City of Dubuque. The original applicant, Lamar Advertising, Inc., owns 69 of these.
Planning Services staff research indicates that of these billboards, 20 are currently non-
conforming because of their location, spacing, size or other factors. If the amended language
were approved, the number of billboards that are non-conforming would increase to a total of
61.
The minimum spacing requirements of 750 feet for billboards located on federal aid primary
highways and 500 feet for billboards on all other city streets appears to be consistent with
spacing required by several other communities within the state of Iowa. Spacing requirements
have been added to municipal ordinances, and increased throughout the years, in an effort to:
1) Limit the visual clutter that is associated With multiple billboards in a small location; 2)
Preserve community character; and 3) Protect scenic vistas in historic districts often associated
with communities whose economies are partially dependent on tourism.
RECOMMENDATION
Staff recommends that the Commission review the information provided.
GH/mkr
Enclosure