Loading...
Off-Premises Sign RegulationsCopyrighted October 7, 2024 City of Dubuque ACTION ITEMS # 1. City Council ITEM TITLE: Off -Premises Sign Regulations SUMMARY: City Manager recommending City Council approve one of the following on the current off -premises sign regulations to ensure that our signage policies effectively balance commercial interests with the aesthetic and functional integrity of our neighborhoods: 1) Provide direction to Planning Staff to prepare an amendment to 16-15-12 Off Premises Signs of the Unified Development Code; or 2) Adopt the attached ordinance approving a Temporary Building Permit Moratorium to allow time for off -premises signs to be analyzed through the Unified Development Code Update Process ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain streets, areas, or facilities by adding Section B Off Premises Sign Study Area ; or 3) Take no action and review as part of the Unified Development Code Update. SUGGUESTED Receive and File; Council DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. UDC Off -Premise Sign Regulations 4. Iowa Cities Off -Premises Sign Regulations 5. Ordinance Page 438 of 674 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Off -Premises Sign Regulations DATE: October 2, 2024 Dubuque bikd AH erla City 111111 2007•2012.2013 2017*2019 During the discussion of two public hearings on the rezoning of property located at 27 and 35 Locust Street (former Bridge Restaurant), the Council asked if a Billboard (Off - Premises Sign) can be placed on the proposed building. Planning Staff noted that an off -premises sign could not be placed on the building due to proximity to other off - premises signs in the area. This memo and associated documents are to provide information on the current off -premises sign regulations. Planning Services Director Wally Wernimont is recommending City Council approve one of the following on the current off -premises sign regulations to ensure that our signage policies effectively balance commercial interests with the aesthetic and functional integrity of our neighborhoods: 1) Provide direction to Planning Staff to prepare an amendment to 16-15-12 Off Premises Signs of the Unified Development Code; or 2) Adopt the attached ordinance approving a Temporary Building Permit Moratorium to allow time for off -premises signs to be analyzed through the Unified Development Code Update Process; or 3) Take no action and review as part of the Unified Development Code Update. I concur with the recommendation and respectfully request Mayor and City Council approval. l. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Page 439 of 674 Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Director Alexis Steger, Housing & Community Development Director Michael Belmont, Assistant Housing & Community Development Director Jason Duba, Assistant Planner 2 Page 440 of 674 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager 1,n(�f FROM: Wally Wernimont, Planning Services Director U""' SUBJECT: Off -Premises Sign Regulations DATE: September 30, 2024 Dubuque Italtd El -America Ely 1111 2007.2012.2013 2017*2019 INTRODUCTION This memorandum and staff presentation outlines the Off -Premises Sign Regulations for the City of Dubuque and presents potential actions the City Council can take to regulate these signs. BACKGROUND During the discussion of two public hearings on the rezoning of property located at 27 and 35 Locust Street (former Bridge Restaurant), the Council ask if a Billboard (Off - Premises Sign) can be placed on the proposed building. Planning Staff noted that an off -premises sign could not be placed on the building due to proximity to other off - premises signs in the area. This memo and associated documents are to provide information on the current off -premises sign regulations. DISCUSSION Current Sign Regulations Section 16-15-12 OFF PREMISES SIGNS of Unified Development Code regulates off - premises signs in the City of Dubuque (see attached). The UDC defines an off - premises sign and billboard sign as the following: OFF PREMISES SIGN: A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located. BILLBOARD SIGN: See definition of Off Premises Sign. Off premises sign are currently allowed in permitted in following districts: C-3 General Commercial CS Commercial Service C-4 Downtown Commercial CR Commercial Recreation Page 441 of 674 Off -Premises Sign Regulations LI Light Industrial HI Heavy Industrial MHI Modified Heavy Industrial They are permitted with conditional use permit approval from the Zoning Board of Adjustment in the following districts: C-2 Neighborhood Shopping Center District C-2A Alternate Neighborhood Shopping Center District Each of the before -mentioned zoning districts have regulations as they relate to sign area, height, setback, spacing between signs, lighting and mechanical motion. Sign Spacing As noted previously, during the rezoning public hearing for the Bridge Restaurant site, Planning Staff noted that an Off -Premises Sign could not be placed on the site due to proximity to other off -premises signs in the area. The UDC regulates spacing between off -premises signs based on zoning district. ZONING DISTRICT SETBACK SPACING REQUIREMENT C-2 Neighborhood Shopping Center C-2A Mixed -Use Neighborhood 20 feet from property line; 100 feet from historic district As determined by Zoning Board of Adjustment C-3 General Commercial C-4 Downtown Commercial CS Commercial Service CR Commercial Recreation LI Light Industrial HI Heavy Industrial MHI Modified Heavy Industrial 100 feet from historic district Spacing between any 2 off -premises sign structures, which are located on either side of federal and primary highway(s) and oriented toward said highway(s) will be no less than 750 feet and spacing between any 2 off -premises 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 center line of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure. Page 442 of 674 Off -Premises Sign Regulations The following diagram shows how off premises sign spacing requirements are measured. Right of Way M Spacing Measurement-J STREET or HIGHWAY Right of Way 1 'el 1 14 Right of Way Spacing Measurement STREET or hIGhWAY Off -Premise sign spacing requirements shall be measured perpendicular to the centerline of the street(s) which the sign is oriented toward, between the closes point on each sign structure. The building site located at 27/35 Locust Street is located within 750 feet of the Off - Premises Signs at both 25 Main Street and 67 Main Street. 25 Main Street 67 Main Street However, if the sign at 25 Main Street is removed, still no sign can be placed on the proposed building at 27/35 Locust Street due to its proximity to the sign at 67 Main Street. However, a new sign could be installed in the surface parking lot since it is more than 750 feet away from the sign at 67 Main Street (see map on the next page). Page 443 of 674 Off -Premises Sign Regulations New Off -Premises Signs The City of Dubuque currently has 90 off -premises sign in the corporate limits. Within the last year, the Planning Services Department has received and approved off - premises signs located at 1987 Washington Street, 4111 Pennsylvania Avenue and 4485 Dodge Street. Page 444 of 674 Off -Premises Sign Regulations RENT ME 888J84573 11111 �I�iiititralt iittn% 1987 Washington Street Page 445 of 674 Off -Premises Sign Regulations 4111 Pennsylvania Avenue 4485 Dodge Street Page 446 of 674 Off -Premises Sign Regulations (Sign has not been installed yet) Unified Development Code Update Planning Staff has received a number of inquiries regarding the regulations governing off -premises signs in our community. Residents and business owners have expressed curiosity about the criteria that permit these signs, particularly in relation to their locations and the specific zoning districts where they are allowed. Many are seeking clarity on the separation distances required from other billboards and sensitive areas, such as residential neighborhoods and parks. Additionally, questions have arisen about the size and height restrictions for these signs, as well as the potential impacts on local aesthetics and safety. This dialogue highlights the community's interest in understanding the balance between commercial advertising and maintaining the character of our neighborhoods. To address these concerns, as part of the Unified Development Code Update, staff is working to provide detailed information and engage the public in discussions about the future of off -premises signage in our city. Other Iowa Communities Off -Premises Sign Regulations Page 447 of 674 Off -Premises Sign Regulations As we move forward with evaluating our off -premises sign regulations, we look to how other Iowa Communities are regulating off -premises sigs. Attached you will find a summary of Off -Premises Sign Regulations for the ten largest cities in Iowa. The regulations governing billboards vary significantly across cities in Iowa, reflecting diverse approaches to managing outdoor advertising. In Ankeny, new billboards are prohibited entirely, while Cedar Rapids allows them in specific zoning districts, provided existing billboards are removed, capping the total number at the number present as of June 4, 2013. Other cities, like Council Bluffs and Des Moines, have established zoning districts where billboards are permitted with specific spacing and size limitations. For instance, Council Bluffs permits billboards in industrial zones, with a radius requirement and size restrictions based on their orientation toward interstates. Further highlighting these differences, cities like Iowa City and Waterloo impose stricter limitations, such as prohibiting billboards in residential areas and requiring substantial setbacks from parks, schools, and historic districts. Digital billboards face additional scrutiny, with many cities implementing larger separation distances from sensitive areas. Overall, the regulations aim to balance commercial interests with community aesthetics and safety, underscoring the importance of localized decision -making in managing billboard placements. REQUESTED ACTION As we navigate the complexities of off -premises sign regulations in Dubuque, it is clear that these signs play a significant role in our community's commercial landscape. Recent discussions during the public hearings for the rezoning of the properties at 27 and 35 Locust Street highlighted the challenges posed by existing regulations, particularly concerning the placement of billboards near other off -premises signs. With the current Unified Development Code outlining specific criteria for sign location, spacing, and zoning compatibility, it is essential for us to reassess these regulations in light of community feedback and evolving needs. To ensure that our signage policies effectively balance commercial interests with the aesthetic and functional integrity of our neighborhoods, we propose a few potential courses of action for the City Council to consider. The City Council may take one of the following actions as it relates to the current off - premises sign regulations: 1) Provide direction to Planning Staff to prepare an amendment to 16-15-12 Off Premises Signs of the Unified Development Code; or 2) Adopt the attached ordinance approving a Temporary Building Permit Moratorium to allow time for off -premises signs to be analyzed through the Unified Development Code Update Process; or 3) Take no action and review as part of the Unified Development Code Update. Page 448 of 674 Off -Premises Sign Regulations Enclosures cc: Crenna Brumwell, City Attorney Alexis Steger, Housing & Community Development Director Michael Belmont, Assistant Housing & Community Development Director Jason Duba, Assistant Planner Page 449 of 674 Section 3—Land Development Regulations Chapter 15: Signs can CA to y •E ) U_ C •- co O E S O v , Q 2 C 0 z C 0 z c 0 z a) bO C v •- 1G Q ? i aO H a) •J 0_ bO C O t z co LL bO C 0 LE z O LL 1 bO C O LE z O LL E E 'C co (n +-) C cll 4-' � O a) +' a) rC 0 Q man C 00 N U i C 4- O 4- -- c Cr) C 4O 4- C) a) '^ o 0-f0 ) it 7 0- a bO -0 Lf1y, _cU cc)Y c C - N -0 +' 0 E Y V,7:3 — U a1 vl 41 (6 a) a1 U) a) - u '0- 0- V) c ai +' C O V) _c O utOCviCt a -' -c) O -O Q (o ro u N a1 0_ 0--NJCC3U ) C O >- (T — v 73C O vCC cO"O --5.-.. a) (o O - s_v,, v c C (6 �• _ C +' v, LL O O tan -- a) (a 4- 611 CU v z v, a - 4) E O 5 v a) T T '^ — C L e- co C N— v N N u E •- vi U C Q) a) C _o t ', ti4 ro C U v , — +' c v bCO 3 LE Q -c Q U E +' +' .0 ,n C a -O c O a) Q v) +`, o 4- a) U >: C `~ O 0 O `) 4-0 4- v, .- c CO 0- c C 4O - O a) N (O c 0- a) 2 to 'O Lf1 V) i U as C - _ V/ -0 +' 0 E v, .' U a) v, 41 ro a) a) N a) v, L i O VI '4w�� Q' CtOv)OCa.. c 0 +' -O '0 -0 C)- _U, Q a1 a—N 0C3UbA Ca N O 0 5- CCQ r—v`~ , ON -O -5: a) C -- o NO ,' OO a) C C +' v, -O •O (o O 4.0 2i a) (a `- v Q ac) vLE v, `)) .• E O .5 v cu T T_0 - '^ — C 0_ _ L - CO c N v ms a) a) u E •- vi 0 c N a) C t ')- to co c u v >_ — +, c v bCO t Q y0_, Q N +F' '7) v c 70 -O c O N U a) Q VI +L, o 4U L a) ID Y (n O O O w Z tu N p cX c '0 C co N C 0_ Q E ° C O =0 'L vv o U a) wV, O O O N Q U +' ) u 2O +, 'c U °a) a1 V, V, O OQ 2 4- U +,U •c Uw vo +� a) v) - O O ei E E X co t 2 25 feet O > co a) O co a Q (D Q CU H �o .0 E c a w o O > `u) co Q a) fa ra O Q m a) 4- 0 Below eave or parapet (- a) Q< C - s_ Q 0O V U -O CO - E 7 C ,-+ al tip v 'in ,} -6 p L0.0 C O c.) C ,+n t 7 Q O 0 -C b � (o i 0 C v (6 C a) Q- OM +�' V v /11 p `- O cC O C _ v Q 0 7 C 4) a) tip •'r, -0 p 2 L0.0 C O c.) C t+'i) L Q O O -C to (C i 0 C (O C a) ?� C- OM +�' V _6 N N C O (C O v, a) ,_ •.-J bto 4- a) N Q N Freestanding cC E o V to 41 W 0 U to - - ro v 2 LL rC c bo - La c a) 2 LL ro N V) E to C1 etc0 Q v)v_v)) O O 0 O N U v -0 LL -0 a) v,�, CL C O clJ b4 V ' L -0 = + c vco Q 0-O 0 f6 i y E U V co el? u v c on V, vV_) E �1 O Q 0 G i d as 'alC E E 0 0 U n c b0 V) o Q Page 450 of 674 Section 3—Land Development Regulations Chapter 15: Signs 15-12 Off -Premises Signs (cont.) Permitted Sign Maximum Minimum Permitted Permitted Off- Premise Signs Structures Area (sf) Height Setback Spacing Lighting Type Mechanical LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Identification Signs a) c 0 z Off- Premise sign spacing requirements shall be measured perpendicular to the centerline of the street(s) which the sign is oriented toward, between the closest point on each sign structure. on c LE v) ro LJ- z vs C 0 v -0 v Cn CU ° i E O U O c co a) E 1 -O ro ^ a) " O o i o E a) -0 N _c a) LiQ i L 0 Q UO Q;_2 t O 2 °- +�-+ • E N +'+ 3—_ �'w y_ ° v ro o a) v v 4- 0 c a°i 0.) to t +� U N �— a) o C) E c Q) h CO 2i a) •-• CU - U' C C v +' O` i 0 o N cu U "a a.., C O CO LE -0 .0 a) _a O N c vl f6 , cu ' `4 ° _= c N a) -0 cy al a) °- U .0 a) to a) 0 C ?) 0 C— U ( (C6 Q _ too j � T -a a) o '— 0 to W 'C ')' _c3 _ E a) v . ro >. ,= c ra c +' -C OD ' v as +- iv M v 0-la) a) 4A N U' a) U 0 -cto '7, cu o_O }+ E U ° 4-.N U U } L CDo C)VI rI 4-, CD 0.1 O L 0 > v 03 Q a) ca " 0 0_ TU CO 4, 0 ++ Y n .0 C r0 _ L tiL r- i as 0 O C r0 a) fB .N N V) co -O O C LEU C 4- dA a ^7 -C - - � o t O ?' .3 0 v_c - r O w a co an C LE c m 0) v a) u_ LL ro a) N EE 0 Q C bA 7, 0 Q THE CM OF DUB E 0 m Spacing Measurement 0 OC Spacing Measurement STREET or HIGHWAY STREET or HIGHWAY 0 m Page 451 of 674 CITY Permitted or Prohibited Separation from other Billboards Size Limit Maximum Height Separation from Districts, Structures, or Uses Setback Ankeny New billboards prohibited Cedar Rapids In PUD, otherwise only permitted if an existing Billboard is removed. The total number of billboards is capped at the total number of billboards that were present in the City on June 4, 2013. Permitted in S-MC, S-MR, I-LI, 1-GI, and I -SW districts 1,000' - Semi -circle from center point 672 sf along highway / 378 sf otherwise 60', 45', 30' Dependent on Road Classification 200' from Residential Districts/ 500' for digital Underlying Zoning District Council Bluffs Permitted in 1-1, 1-2 and 1-3. 700' radius 300 sf / 750 sf (facing interstate) 40' 150 foot radius of agricultural or res, cemetary, college, cultural service, park and rec services,public assembly, religious assembly, school Underlying Zoning District / 25' from row Davenport Static Billboard/Digital or electronic 1,500' / 3,000' 672sf / 400 sf 45' 150' / 600 'Res, parks, open space, education facility, public museum, government admin, judicial office 25' Des Moines "General Advertising signs" 672 sf 45' 200' from res use or district, and/or 500' of public square, public park or recreation area, school, place of worship, funeral or mortuary service, cemetery, or public library, or designated city landmark or historic district or National Register historic district. 25' Dubuque Permitted in C-3, C-4, CS, CR, LI, HI, MHI. Conditional in C 2. 500'/750' 750 sf/ 300 sf within 200' of historic district 50' 100' from Historic district Underlying Zoning District Iowa City Not permitted in residential, CO-1, CN-1, CB-5, CB-10, ORP and RDP Zones 300' 72 sf Not to exceed underlying district standards; 25' 120' form Res, parks, open space, education facility, public museum, government admin, historic district or structure 0', 10' depending on sign height Sioux City Suburban Commercial (SC), Mixed Use (MU), General Commercial (GC), Business Park (BP), and General Industrial (GI) districts 600' 288 sf in MU and SC / 672 sf remaining. 35' MU and SC / 45' all others / 55' GI 300 feet of the rights -of -way, 100 feet of any residential district; 150 feet of any part of the premises of the following: A public park or square; Public or parochial school; Cemetery; Public buildings designated and erected for cultural purposes; Public assembly buildings; Public museums; Public libraries; Buildings housing the municipal, administrative, or judicial seats of county, state, or federal government; Designated local or national historic district; A historical marker or monument; or Any public or private property or any public street, 10' Waterloo Permitted in C-2,C-3, M-1, and M-2, excluding corridor overlay districts) 1000' 300 sf 48' 200' from Res, parks, open space, education facility, public museum, government admin, historic district or structure Underlying Zoning District Page 452 of 674 CITY Permitted or Prohibited West Des Moines Ames Electronic Prohibited; Permitted in the following zoning districts: General Insudtrial (GI); AG/OS (OS). Double face billboard permitted only on 10 acres or more. Prohibited in Res. RL, RM, RH, RLP, FS-RL, FS-RM, F-VR, and S-HM Separation from other Billboards 300' (facing same direction) 300' Size Limit 350 sf 300 sf Maximum Separation from Districts, Height Structures, or Uses 35' 300' from Residential use or district / 100' of any dwelling unit, public park, public or parochial school site, church site, hospital site, cemetery, similar institution or zoning district not permitting billboards. Setback 100' from public row/ 120' from private street/ 100' from Intersections Page 453 of 674 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 58-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILITIES BY ADDING SECTION B OFF PREMISES SIGN STUDY AREA. Whereas, the City of Dubuque is committed to promoting the health, safety, and general welfare of its residents; and Whereas, the current Unified Development Code (UDC) is in need of comprehensive review and update to better reflect the community's vision and land use goals; and Whereas, off -premises signs can significantly impact the aesthetic character of the community, traffic safety, and the overall quality of life for residents; and Whereas, the proliferation of off -premises signs may result in adverse effects, such as visual clutter, distraction for drivers, and potential conflicts with the objectives of the updated UDC; and Whereas, a temporary moratorium on the issuance of permits for new off - premises signs will allow for a thorough evaluation of the community's needs, concerns, and preferences regarding signage and advertising; and Whereas, the City of Dubuque desires to ensure that the future development of off -premises signs aligns with updated land use regulations and community standards; and Whereas, the temporary suspension of off -premises sign permits is necessary to protect the public interest while the UDC is being reviewed and revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities: B. Off -premises sign Study Area: The city manager may not issue any permit for any new off -premises sign in the corporate limits of the city of Dubuque from the effective date hereof to March 1, 2026, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved and adopted this 7th day of October 2024. . Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Matt McGuire, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 10/11/2024 and for which the charge is 36.81 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this llth day of October, 2024 Notary • lic in and for Dubugite County, Iowa. Q,n JANET K. PAPE cr y Commission Number 199659 My Commission Expires 12/11 /2025 %otivn Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 58-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILITIES BY ADDING SECTION B OFF PREMISES SIGN STUDY AREA. Whereas, the City of Dubuque is committed to promoting the health, safety, and general welfare of its residents; and Whereas, the current Unified Development Code (UDC) is in need of comprehensive review and update to better reflect the community's vision and land use goals; and Whereas, off -premises signs can significantly impact the aesthetic character of the community, traffic safety, and the overall quality of life for residents; and Whereas, the proliferation of off -premises signs may result in adverse effects, such as visual clutter, distraction for drivers, and potential conflicts with the objectives of the updated UDC; and Whereas, a temporary moratorium on the issuance of permits for new off -premises signs will allow for a thorough evaluation of the communitys needs, concerns, and preferences regarding signage and advertising; and Whereas, the City of Dubuque desires to ensure that the future development of off -premises signs aligns with updated land use regulations and community standards; and Whereas, the temporary suspension of off -premises sign permits is necessary to protect the public interest while the UDC is being reviewed and revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities: B. Off -premises sign Study Area: The city manager may not issue any permit for any new off -premises sign in the corporate limits of the city of Dubuque from the effective date hereof to March 1, 2026, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved and adopted this 7th day of October 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the llth day of October, 2024. /s/Adrienne N. Breitfelder, City Clerk It 10/11