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Zoning Test Amend Sign spacingPlanning Services Department 50 West 13th Street Dubuque, Iowa 520014864 Phone (319) 589~210 Fax (319) 589-4221 February 13, 2001 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Text Amendment Applicant: Lamar Advertising Description: To amend Section 4-3.1! of the Zoning Ordinance to increase minimum sparing of off-premise signage. 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 Chairperson Bird excused himself from the discussion, as his sign company owns off- premise signs. Vice Chairperson Schlitz conducted the public hearing. The applicant 3im Schumacher, Lamar Advertising, reviewed the reasons for his request to increase the minimum sPacing between off-premise signage. He reviewed changes in the outdoor advertising industry that have created problems in communities. Mr. Schumacher also indicated that the proposed language is not intended to limit competition, but to ensure adequate sparing to allow customers' messages to be seen and protect community character. He said that Lamar Advertising is trying to be proactive, not reactive. Staff Member Hemenway reviewed the staff memorandum and noted the total number of billboards, the number of current non-conforming billboards, and the increase in the number of non-conforming billboards if the ordinance change is approved. Hemenway reviewed sparing requirements imposed by other communities in Iowa. Chris Iverson, Lamar Advertising, spoke in support of the text amendment, noting that the current spacing of 100 feet is among the lowest in Iowa. Mr. Iverson reviewed the impact of an out-of-town sign company on the City of Davenport. 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 from 100 feet to 750 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)[I0] 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: Jeanne F. Schneider, City Clerf Terrance M. Duggan, Mayor · EXHIBIT 2 4-3. lO{K]{lO] I I I I I ! Right of Way Spa6i~g Measurement Street or Highway Right of Way .... Spacing Measurement Street or Highway Right of. Way .... City of Dubuque Planning Services Depar[ment Dubuque IA 52001`4864 Phone: 319-589`4210 Fax: 319-589-4149 [] Variance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM [] Rezoning [] Planned Distdct [] Preliminary Plat o Minor Final Plat O Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporary Use Permit [] Cer[ificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): La~ar Advertising Co. Address: 1690 Elm Styeet Fax Number: 319-556-8648 Applicant/Agent: Jim Schumacher City: Dubuque · Mobile/Cel u ar Number: Address: Fax Number: Site location/address: Phone:319-556-414i State: IA Zip:,52001 319-590-4006 Phone: · City: State: Zip: Mobile/Cellular Number: _ ~ Existing zoning: Legal description (Sidwell Proposed zoning: Historic district: Parcel ID number or lot number/block number/subdivision): Landmark: Total property (lot) area (square feet or acres): Number of lots: Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Off-Prez~_se sign language pertaining to spacing between signs to preserve community character, and insure logical growth through-out city. (See attached recommended language) CERTIFICATION: I/we, th~ unders gned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2, Fees are not refundable and payment does not guarantee approval; and 3. All additional required wr tten and graphic materials are attached. Property Owner(s): Lama~ Advertising Co. Date.12_22_00 E USE ONLY - APPLICATION SUBMITTAL CHECKLISt'-'"-- - Property ownership list ~z~C. skelch plan [] Ftoor plan [] Plat In',provement pIans rj Design review project description [] Photo o Conceptual development plan ther: /--~ ,,,.~ 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 l~om the nearest point of each structure. CITY OF DUBUQUE, IOWA MEMORANDUM 3anuary 31, 2001 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner~ SUB3ECT: Text Amendment, to Increase Minimum Spacing of Off-Premise Signs (billboards) from 100 feet to 750 feet INTRODUCTION The proposed text am6ndment will increase the minimum separation of off-premise signs (billboards) fromi 100 feet to 750 feet. The amendment was submitted by Lamar Advertising, ThC. 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 ToWa to determine typical sign separation requirements in these communities. Sign separation varied from a Iow of 200 feet in Clinton and Sioux Ob/,! to a high of 1,500 feet in West Des Moines and Davenport. The average for all clues inithe state of [owa 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 la.n.g,uage states: "The ~ninimum spacing between any two off-premise sign structures, wn~n 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 centedine 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, IT, HHT aad H! 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 C'rty of Dubuque. The applicant, Lamar Advertising, loc., owns 69 of these. Planning Services staff research indicates that of these billboards, 20 are currently non-conforming because of their location, spadng, size or other factors. Tf 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 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 dutter that is associated with multiple billboards in a small location; 2) preserve community character; and 3) protect scenic vistas and historic districts, often associated with communities whose economies are partially dependent on tourism. RECOI~llUlENDAI'[ON Staff recommends that the Commission review the information provided. GH/mkr Febmary5,2001 Best Western Dubuque Inn FEB 0 Planning and Zoning Commission City of Dubuque City Dubuque, Iowa 52001 RE: BILLBOARD REGULATIONS I understand that the Commission will be discussing the issue of billboards at your next meeting. Billboard advertising is very important to our hotel industry. Our national chains all support the importance of maxim/zing the use of billboards as the most favorable approach to directing clients to the different brands offered in this industry. Even though billboards are an important part of our marketing plans for our properties, the proliferation of recent billboard additions is very disturbing to me. Our city boosts many great attractions, one being the natural beauty of the area. Too many billboards will only pollute the visual esthetics of Dubuque. I ask you to seriously consider changing the ordinance so that billboards are placed at least 750 feet from each other. The current 100 feet is contributing to the destruction of a community known for its natural beauty, which is a great appeal to all of our visitors. Sincerely, Jo~'t R. Van Duyn CEO Be~ Western Dubuqt e ~ays ~ 3434 Dodge Dubuque, Iowa 52003 (319) 556 7760 Fax (319) 556-4003 Sent, by.' BRESSLER OUTDO0~ ADVERTISING LLCA07 622 1045~ 02107101 18:39; ]~tF~ #308;Page 2]3 February 7, 2001 VIA FACSIMILE TRANSMISSION ONLY Zoning Advisory Commission City of Dubuque 50 West 13c~ Street Dubuque, Iowa 5200 l RE: Public Hearing on Proposed Zouing Change Proposal to amend Section 4-3.11 of Zoning Ordinance Dc, ar Sir/Madam: Br~ler Ou~oor Advertising has sc~'cral sign structures within the City of Dubuque. We, Iherefore, have an inmrest ia thc proposed amendment to the Zoning Ordinance. Bressler Outdoor acknowledges a City's right to regulate outdoor advertising structures within the City. However, Bresslcr Outdoor is primarily concerned with the applic~ation of this amendment to cxiaing su'uctures or pendiag permit applications for building permits. It is Bressler Outdoor's belief that the proposed amendment, increasing thc spacing between two sign structures to 750 feet, should t~ot he applied to existing structures which were lawfialty permitted and erected, and that any existing structure which does not meet the new spacing requirements would be deemed a non-couforming structure and permitted to exist in its current state. To apply the revised 'ordinance to existing sign structure.~ which would in turn cause fl~e removal of the sign structure~ would create an inverse condemnation action against the City rot the wrongful taking of private property without the payment ofjust compensation. A~rdingly, Bvessler Outdoor believes that the City shou!d ensure that any newly adopted ordinance is not applied retroactively to existing structures. Fm'tbermore, Bres,gler Outdoor believes that any newly adopted spacing rcquiremcot should not be applied to any permit app}ication which may still be pending with thc City but was filed prior tothe adoption of the moratorium, if an application for a building permit was filed with the City prior to the adoption of the moratorium and if the application has been pending at the City for reasons beyond the control of'the applicant, the applicant has incurred a vested right in the application of the law that existed at the time or application. A business's ril0'~t ~o rely upo~ the law that existed at the time of application and to expend a significant amount of time and money t'arthering their business within thc City of Dubuque based upon the City's *hen cunent Ordinance is sacred. These vested rights would be deslroyed if the C~ty made an attempt to apply any newly adopted ordinance to the pending permit applications which were fiMd prior to this spacing issue every having been raised. If such an application of the new ordinance were to I';RESSI,ER l)l:'l'13t)OR AI)VERTI~IN(; 171} W, FAIRIgANKS AVE., NIIJI'E tO2 - WINTER PARK, FI. ,52780 ~e~ by: BRESSLER OUTDOOR ADVERTZS[NG LLC4O7 622 1045; 02/07/01 18:39; .letFax #309;Page 3/3 occur, it would deprive the permit applicant of its due process rights. Accordingly, Br~sier Outdoor I~elieves that the City should ensure that say newly adopted sJgm ordinance is not applied to permit applications that wer~ p~nding prior to the adoption of the moratorium. Because existing sign owners and previous penmit applicants have vested rights, it is imperative that the City make cerhain, during this amendment process, that the revised ordinance shall not be applied rotroactively against existing structures or against pending permit applications which were filed prior to the adoption of the moratorium on this issue. 1 appreciate your attention to this matter. Sincerely, /~ Genoral Coua.s~l Bresalm' Outdoor Advertising, LLC.