Lamar Billboards Violation NotiMEMORANDUM
September 23, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Disposition of Lamar Billboards on John F. Kennedy Road and 1st Street
Planning Services staff reviewed the tape of the portion of the August 5, 2002 City
Council meeting regarding Lamar's request to amend the Zoning Ordinance language
defining off-premise signage.
Planning Services staff contacted Mr. Schumacher, and he stated that the dates that the
advertising contracts will lapse are February 2, 2005 for the Calcars Hyundai sign, and
January 19, 2003 for the U.S. Cellular sign.
Planning Services staff asked Mr. Schumacher if he would be amenable to being issued
a notice of violation for each sign that allows the billboard copy to remain until the
aforementioned dates, at which time the on-premise copy will be removed or be subject
to civil citation, court costs and a fine. He agreed to these terms and stated that Lamar
would not pursue the matter further if granted the extension to the aforementioned
dates. We do not know, however, whether Calcars Hyundai would pursue the matter
further.
A violation letter has been drafted to Lamar Advertising advising that the off-premise
sign at 1745 John F. Kennedy Road and at 245 W. 1st Street may only advertise an
establishment, memhandise, service or entertainment which is not sold, produced,
manufactured, or furnished at the property on which said sign is located. In fact, each
of these signs is on a single platted lot that is used for a purpose advertised on the sign.
I respectfully request Mayor and City Council approval of the course of action.
Michael C Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
September 23, 2002
To:Michael C. Van Milligen, City Manager
From:Laura Carstens, Planning Services Manager
Subject: Disposition of Lamar Billboards on John F. Kennedy Road and 1st Street
Attached for your review is a memorandum regarding the suggested disposition of
Lamar's billboards at 1745 Kennedy Road and 245 W. 1st Street. This item is a referral
from the August 5th City Council meeting.
Planning Services staff reviewed the tape of the portion of the August 5, 2002 City
Council meeting regarding Lamar's request to amend the Zoning Ordinance language
defining off- premise signage.
At the City Council meeting Jim Schumacher stated that the contract for the Calcars
Hyundai billboard on 1745 John F. Kennedy Road expired in approximately 2 % years.
He also said that the contract for the U.S. Cellular billboard on the building at 245 w. 1st
Street expired in January 2003. Subsequently, Planning Services staff contacted Mr.
$chumacher, and he stated that the dates that the contracts will lapse are February 2,
2005 for the Calcars Hyundai sign, and January 19, 2003 for the U.S. Cellular sign.
These dates agree with the information he provided to the City Council.
Planning Services staff asked Mr. Schumacher if he would be amenable to being issued
a notice of violation for each sign that allows the billboard copy to remain until the
aforementioned dates at which time the on-premise copy will be removed or be subject
to civil citation, court costs and a fine. He agreed to these terms.
He also stated that Lamar would not pursue the matter further if granted the extension
to the aforementioned dates. He stated he could not speak for Calcars Hyundai or Mike
Coyle. He was not sure what course of action they might pursue. Planning Services
staff prepared a notice of violation for each sign incorporating the aforementioned dates
for your review.
Planning Services staff made it clear to Mr. Schumacher that the City Council would
have to review this request and approval was not assured. This memo is provided for
your information. If you have any questions regarding this information please contact
me.
September 23, 2002
James Schumacher
Lamar Advertising Company
1690 Elm St.
Dubuque, IA 52001
NOTICE OF VIOLATION: Illegal On-Premise Signage at 1745 John F. Kennedy Rd.
Dear Mr. Schumacher:
According to the tax assessor, the billboard located on the property at 1745 John F.
Kennedy Road is owned by Lamar Advertising Company. The property at 1745 John F.
Kennedy Road is a single platted lot owned by Oar-Ka, Inc.
On this single platted lot are located the CalCars Hyundai dealership and the Lamar
billboard advertising Hyundai vehicles.
The property at 1745 john F. Kennedy Road is zoned C-3 General Commercial zoning
district (Section 3-3.3 of the City of Dubuque Zoning Ordinance). Billboards are
deemed off-premise signs and are permitted in C-3 Districts if they conform to all of the
off-premise sign regulations of the Zoning Ordinance. However, for a billboard to be
deemed an off-premise sign it must advertise an establishment, merchandise, service
or entertainment which is not sold, produced, manufactured, or furnished at the
property on which said sign is located.
Because the Lamar Advertising Company sign at 1745 John F. Kennedy Road
advertises a product that is sold on-site, it is deemed an on-premise sign and is,
therefore, bound by on-premise sign regulations as outlined in Section 4-3.11 of the
Zoning Ordinance. The property at 1745 John F. Kennedy Road has 90 lineal feet of
frontage. Therefore, this property is allowed one freestanding sign not to exceed 180-
square feet in area. This property is also allowed one, 250-square foot freestanding
sign to advertise used auto sales, but only when such sales are accessory to a new
auto sales dealership.
VIOLATION: Inspection by Planning Services staff revealed a 672 square foot
billboard advertising "Hyundai' on the same platted lot as the CalCars Hyundai
Dealership at 1745 John F. Kennedy Road. This sign is deemed an on-premise sign
and has more area than the 180 square feet permitted. On May 23, 2002 the Zoning
Letter to James Schumacher
September 23, 2002
Page 2
Board of Adjustment upheld on appeal staff's determination that this sign meets the
definition of an on-premise sign because the billboard and the dealership are on the
same platted lot.
ORDER TO COMPLY: To comply, the illegal sign face must be removed from the sign
structure by February 4, 2005. Failure to comply with this order will result in the
issuance of a citation, court costs and a fine without any additional warning or
correspondence. The minimum fine is $250 per day for each day the violation
continues to exist.
APPEAL: Should you feel there is an error in this Order, you have a right to appeal
before the Zoning Board of Adjustment. An appeal must be filed in this office (with a
fee of $50.00) within 30 days of receipt of this Notice.
Please call me if you have any questions regarding this Notice and Order.
Sincerely,
Guy Hemenway
Assistant Planner
September 23, 2002
James Schumacher
Lamar Advertising Company
1690 Elm St.
Dubuque, IA 52001
NOTICE OF VIOLATION: Illegal On-Premise Signage at 245 W. 1st Street.
Dear Mr. Schumacher:
According to the tax assessor, the billboard located on the property at 245 W. 1st Street is owned by
Lamar Advertising Company. The property at 245 W. 1st Street is zoned C-4 Downtown Commercial
zoning district (Section 3-3.4 of the City of Dubuque Zoning Ordinance). Billboards are deemed off-
premise signs and are permitted in C-4 Districts if they conform to all of the off-premise sign regulations of
the Zoning Ordinance. However, for a billboard to be deemed an off-premise sign, it must advertise an
establishment, merchandise, service or entertainment which is not sold, produced, manufactured, or
fumished at the property on which said sign is located.
Because the Lamar Advertising Company sign at 245 W. 1st Street advertises a product that is sold on-
site, it is deemed an on-premise sign and is, therefore, bound by on-premise sign regulations as outlined
in Section 4-3.11 of the Zoning Ordinance. The property at 245 W. 1st Street is allowed one, 100 square
foot freestanding sign.
VIOLATION: Inspection by Planning Services staff revealed a 240 square foot billboard advertising U.S.
Cellular on the same lot as the U.S. Cellular store at 245 W. 1st Street. This sign is deemed an on-
premise sign and has more area than the 100 square feet permitted.
ORDER TO COMPLY: To comply, the illegal sign face must be removed from the sign structure by
January 19, 2003. Failure to comply with this order will result in the issuance of a citation, court costs
and a fine without any additional warning or correspondence. The minimum fine is $250 per day for each
day the violation continues to exist.
APPEAL: Should you feel there is an error in this Order, you have a right to appeal before the Zoning
Board of Adjustment. An appeal must be filed in this office (with a fee of $50.00) within 30 days of receipt
of this Notice.
Please call me if you have any questions regarding this Notice and Order.
Sincerely,
Guy Hemenway
Assistant Planner