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.