Loading...
Zoning Txt Amend Lamar AdvertisPlarming Setwices Depm'tment City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org July 22, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Text Amendment Applicant: Jim Schumacher/Lamar Advertising Description: To amend Section 4-3.2 of the City of Dubuque Zoning Ordinance regarding the definition of off-premises signs. 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 The applicant requested to amend the definition of off-premise signage. The current definition states that off-premise signage is: "A sign structure advertising an establishment, merchandise, services or entertainment which is not sold, produced, manufactured, or furnished at the site on which said sign located..." The applicant proposed to amend the definition to state that an off-premise sign is: "A sign structure advertising goods, products, facilities or services not necessarily on the premises where the sign is located, or directs persons to a different location from where the sign is located. Off-premise signs may be 'billboards', 'outdoor advertising', or 'off-site sign'." The applicant stated this change would offer the outdoor advertising industry greater flexibility and parallel local, regional and national standards. Staff recommended that the existing definition of off-premise signage be retained because the definitions of off-premise and on-premise signage serve to clearly delineate each sign type, their function, and their height and size limitations. Staff stated that without such a distinction, some businesses would have the ability to place a 750 square foot, 50 foot high, sign structure on their lot as a primary business identification sign. A local sign contractor spoke in favor of maintaining the existing off-premise sign definition as is. The Zoning Advisory Commission discussed the proposed amendment and said that the existing definition of off-premise signage is clear and definitive. They said that they agreed with the intent of the existing definition. Service People Integ~ty Responsib~Jty Innovation Teamwork The Honorable Mayor and City Council July 22, 2002 Page 2 Recommendation By a vote of 4 to 2, with one abstention by the Chairperson, the Zoning Advisory Commission recommends that the City Council deny the request. A super-majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission f2 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St. Telephone: 589-4210 ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFORDINANCES BY REPEALING SECTION 4- 3.2(39) DEFINITION OF OFF -PREMISE SIGNS AND ADOPTING A NEW SECTION 4-3.2(39) DEFINITION OF OFF -PREMISE SIGNS IN LIEU THEREOF. 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 4-3.2(39) Definition of Off - Premise Signs and adopting the following new Section 4-3.2(39) Definitions for Off - Premise Signs in lieu thereof. Off -Premise Sign: A sign structure advertising goods, products, facilities or services not necessary on the premises where the sign is located, or directs persons to a different location from where the sign is located. Off -premise signs may be "billboards", "outdoor advertising", or "off -site sign". Section 2. 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 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Laura Caratens~ City Planner Address: 50 W. 13th St. Telephone: 589-4210 ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFORDINANCES BY REPEALING SECTION 4- 3.2(39) DEFINITION OF OFF-PREMISE SIGNS AND ADOPTING A NEW SECTION 4-3.2(39) DEFINITION OF OFF-PREMISE SIGNS IN LIEU THEREOF. 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 4-3.2(39) Definition of Off- Premise Signs and adopting the following new Section 4-3.2(39) Definitions for Off- Premise Signs in lieu thereof. Off-Premise Sign: A sign structure advertising goods, products, facilities or services not necessary on the premises where the sign is located, or directs persons to a different location from where the sign is located. Off-premise signs may be "billboards", "outdoor advertising", or "off-site sign". Section 2. 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 2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk City of Dubuque Planning Sewices Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax:. 319-589-4149 r~' Variance [] Conditional Use Permit [] Appeal - Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM n Rezoning [] Planned District n Preliminary Plat m Minor Final Plat ~ Text Amendment [] Simple Site Plan r~ Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporary Use Permit [] Certificate of Appropriateness o Certificate of Economic Hardship [] Other. PLEASE TYPE OR PRINT LEGIBLY IN INK Lamar Adver tisingCCompapy Property Owner(s): Address: ~690 Elm Street Ci~f: Dubuque Fax Number:. 563-556-0648 563-556-4141 Phone:. State: IA Zip:. Mobile/Cellular Number: 563-590-4006 Applicant/Agent: Jim Sch-m~cher Phone: Address: --- City:. --- State: --- Zip: Fax Number. --- Mobile/Cel u ar Number. --- 52001 Site location/address: ___ Existing zoning:. --- Proposed zoning: --- Histodc 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 letter of explanation, if needed): To amend the Ordinance in order to parallel local,regional=and National standards that pertain to Outdoor Advertising as a Medium. (See attached for suggested language) CERTIFICATION: I/we, the undersigned, 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 written and graphic materials are attached. Lamar Advertising Company % Jim Schumacher Date: 5/31/02 Property Owner(s): Date: ~/~t /~~'~- OFFICE USE ONLY -APPLICATION SUBMITrA~CHECKLIST Fee: i~ ~. ~ Received by:. ~ Date:~ Docket:. [] Property ownership list [] Site/sketch plan [] Floor plan [] Plat [] Conceptual development plan [] Improvement plans [] Design review project description [] Photo [] Other. Text amendment request as pertained to the definition of Off-premise signs. (City of Dubuque Ordinance; 4-3.11 ) Suggested language as follows: Off-Premise sign. A sign structure advertising goods, products, facilities or services not necessarily on the premises where the sign is located, or directs persons to a different location l~om where the sign is located. Off-premise signs may be "billboards", "outdoor advertising", or "off-site sign". MEMORANDUM July 2, 2002 To: From: Subject: Zoning Advisory Commission Guy Hemenway, Assistant Planner ~ Amendment to the Zoning Ordinance regarding the definition of off-premise signage. Mr. James Schumacher, representing Lamar Advertising Inc., submitted an application to the Zoning Advisory Commission requesting to amend Section 4-3.2(39) of the Zoning Ordinance regarding the definition of off-premise signage. Currently, an off- premise sign is defined as, ""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...Off-premise signs may be "billboards", "outdoor advertising", or "off-site sign". .... Conversely, on-premise signs are defined as "a sign which pertains to the use of the premise on which it is located and maintained...~ Mr. Schumacher has asked to amend a portion of the off-premise sign definition to state that an off-premise sign is, ""A sign structure advertising goods, products, facilities or services not necessarily on the premise where the sign is located, or directs persons to a different location from where the sign is located. Off-premise signs may be, "billboards", "outdoor advertising", or "off-site sign". .... Mr. Schumacher's request to amend the ordinance is in response to a Notice of Violation issued to Lamar Advertising Inc. regarding billboards located on John F. Kennedy Road and 1st Street that advertise a product that is being sold on the premises on which the billboards are located. Because the billboards advertise a product that is being sold on-premise, they are deemed on-premise signs and are, therefore, regulated by a different set of bulk standards than off-premise signage. The signs are larger in square footage than is permitted for on-premise signs in the district in which they are located Mr. Schumacher states that the reason for amending the Ordinance is to permit Lamar Advertising Inc. flexibility in order to parallel local, regional and national standards that pertain to outdoor advertising as a medium. Planning staff contends that national and regional standards often proffer a different set of rules and regulations that have been Amendment to the Ordinance regarding definition of off-premise signage June 25, 2002 Page 2 developed for different purposes. However, the City's Zoning Ordinance establishes local standards that have been developed for the City of Dubuque and have been reviewed by local bodies including the City Council, and Zoning Advisory Commission. However, in reviewing municipal zoning ordinances throughout the region, Planning staff have found that the definition of off and on-premise signage contained in City of Dubuque Zoning Ordinance is very common. Many regional municipal ordinances have similar or exact language. Therefore, the language defining on and off-premise signage in the City of Dubuque Zoning Ordinance is typical of many municipal ordinances. Staff also feel that the intent of assigning a different definition each to on- and off- premise signage is; 1) to clearly delineate each sign type; 2) to recognize the different nature and function of each sign type; and 3) to prevent a proliferation of off-premise signage, with resultant increases in area and height, which may be used as default on- premise signage. For example, a local fast food restaurant located in a C-3 General Commercial District could utilize the existing permitted amount of on-premise signage for their building and freestanding sign and potentially construct up to an additional 750 square feet of off-premise signage for their business. Businesses that want to exceed the existing amount of on-premise signage may be tempted to utilize the off-premise sign regulations that do not prevent on-premise advertisements as an additional source of signage. It is important to note that even if the off-premise signage definition were changed, signs that advertise goods, products or services sold on the premises would still meet the definition of an on-premise sign and be bound by on-premise signage bulk standards. It is, therefore, contingent upon the applicant and Commission to consider a change to the definition of on-premise signage if they deem it necessary to change the definition of off- premise signage. Because the definitions of on- and off-premise signage serve to clearly delineate each sign type, their function and their size and height limitations, staff recommends that the Commission not amend Section 4-3.2 (39) of the zoning ordinance. This memo is provided for your information. Staff recommends that the Zoning Advisory Commission not amend the definition of off or on-premise signage. GH/mkr CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 6:30 P.M. on August 5, 2002, in the Public Library Auditorium, 360 West 11th, to consider amending Section 4-3.2 re- garding the definition of off - premises signs, as requested by Lamar Advertising. (Copy of supporting documents are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above: text amendment may be.- 'submitted -, to- the City Clerk's -Pince on or before said time of public hearing. ' At 'said time, and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against saidtext amendment. Any visual or hearing im- paired.persons needing spe- cial assistance or persons with , special accessibility needs should contact the City Clerk's Office at (563) 589- 4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Jeanne F. Schneider City Clerk 1 t 7/22 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN 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 1 / , 20 00- , and for which the charge is $ Act, t/ I Fie.. L-4,rvn/ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 20 Notary Public in and for Dubuque County, Iowa 9 1 row MARY K. WESTERMEYER Commlaalon Nu F er 154886 My Comm. EIP.