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Text Amendment_Off-Premise Sign AreaDubuque bit IA DUB E All-America City 1 1111 Masterpiece on the Mississippi 2007 THE CITY OF The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Applicant: City of Dubuque Description: To amend Article 15 -12 of the Unified Development Code regarding off - premise sign area. 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 Staff reviewed existing and revised language regulating off - premise signs. There were no public comments. An email in support was received. Planning Services Department 50 West 13th Street Dubuque, Iowa 52001 -4805 Office (563) 589 -4210 Fax (563) 589 -4221 TTY (563) 690 -6678 planning@cityofdubuque.org www.cityofdubuque.org January 11, 2010 The Zoning Advisory Commission discussed the request, noting that the new language does not change regulations pertaining to off - premise signs but clarifies the existing requirements. Recommendation By a vote of 6 to 0 the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, mil Jeff Stiles, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance DConditional Use Permit ❑Appeal ❑Special Exception ['Limited Setback Waiver DRezoning Dubuque simmeican 1I 2007 PLANNING APPLICATION FORM ❑Planned District ['Preliminary Plat DMinor Final Plat F Text Amendment ['Simple Site Plan DMinor Site Plan Please type or print legibly in ink Property owner(s): Phone: Address: City: State: Zip: Fax Number: Cellular Number: E -mail Address: Applicant/Agent: Citv of Dubuque Phone: 563 - 589 -4210 Address: 50 W. 13 St. Fax: Cell: E -mail: Site location /address: city-wide Existing zoning: N/A Proposed zoning: N/A City: Dubuque State: IA Zip:52001 Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Section 15 -12 of the Unified Development Code to clarify permitted sign area for off- premise signs. CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: / FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: N/A Received by: �. ❑ Site /sketch plan ❑ Conceptual Development Plan ['Major Site Plan ['Major Final Plat ['Simple Subdivision DAnnexation ['Temporary Use Permit District: N/A Landmark: N/A Date: / [Photo /9 ❑ Plat City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ['Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ❑Neighborhood Assoc DAdvisory Design Review ❑Other: Docket: ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: Masterpiece on the Mississippi TO: Zoning Advisory Commission p� FROM: Laura Carstens, Planning Services Manager SUBJECT: Clarification of UDC Off - Premise Signage Regulations Dubuque kiltil All-America City t 2007 December 17, 2009 INTRODUCTION This memorandum transmits a proposed text amendment to Section 15 -12 of the Unified Development Code (UDC) to clarify permitted sign area for off - premise signs in commercial and industrial zoning districts. An ordinance is attached. DISCUSSION In October 2009, the City of Dubuque adopted the UDC. This Code replaced the sign regulations in the Zoning Ordinance. As part of the review process for the UDC, sign regulations were reviewed by a committee of City staff and citizens. The UDC Sign Committee recommended changes to the sign regulations, and these were incorporated into the UDC. The UDC Sign Committee reviewed off - premise sign standards, added regulations regarding off - premise electronic message signs, and asked that the language regarding allowed sign area be clarified. The original Zoning Ordinance language for commercial districts stated that the maximum area permitted for off - premise sign was: "300 square feet per sign, or 750 square feet per sign allowed if freestanding and abuts state or federal highway, or if freestanding and setback is as least 200 feet from historic districts ". The adopted UDC regulations read: "750 square feet per sign when abutting a state or federal highway, but only 300 square feet on all other City streets or within 200 feet of a historic district." This language, however, does not reflect the UDC Sign Committee's recommendation clearly. Therefore, after working with City Legal staff and the off- premise sign representative on the UDC Sign Committee to clarify the language, staff proposes that the UDC be changed to read: "750 square feet per sign, but only 300 square feet per sign if within 200 feet of an historic district and not abutting a state or federal highway." Clarification of UDC Off - Premise Signage Regulations Page 2 The new language is clearer and much easier for staff and sign contractors to interpret. This language also reflects the intent of the original ordinance and the UDC Sign Committee's recommendations. Assistant City Attorney Tim O'Brien has reviewed this information and said it is concise and unambiguous. RECOMMENDATION Staff recommends that the Zoning Advisory Commission recommend adoption of the proposed text amendment clarifying the off - premise sign area language. Prepared by: Guy Hemenway, Assistant Planner Attachments cc: Tim O'Brien, Assistant city Attorney (01/05/2010) Guy Hemenway - Zoning Advisory Commission Meeting Page 1 From: "James Schumacher" <jschumacher @lamar.com> To: <ghemenwa @cityofdubuque.org> Date: 01/05/2010 10:26 AM Subject: Zoning Advisory Commission Meeting Hi Guy...Good morning. I received notice of tomorrow's ZAC meeting to amend Article 15 -12 of the UDC relating to off - premise signs. Unfortunately, I do have a schedule conflict and will not be able to attend. I had a chance to mention this to Laura at a function yesterday and asked if there are any concerns with me not being there. She didn't think so but thought it best I send you an email expressing my support of the amendment. I would appreciate it if you can share with the committee my support of this amendment for reasons listed in your letter to the commission. Thanks much Guy for your help with this matter. Happy New Year!! PS: I can arrange my schedule to be there if you feel it's absolutely necessary. Hoping it is not a concern...Please advise. Jim Schumacher Vice President / General Manager Lamar Advertising of Dubuque / Quad Cities Ph: (563) 556 -4141 Fax: (563) 556 -0648 jschumacher @lamar. com EXHIBIT A fede highway, buten stFeetS F4.Y i th i R:tQGGfR Freestanding hi.t.Fis- distfiet 750' per 50 feet sign, but only 300' per sign if All Off - premise signs within 200' of an historic district and not abutting a state or federal highway. Below eave or Wall 300 per sign parapet Spacing between any 2 off - premises sign structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 feet, and spacing between any 2 off - premises sign 100 feet from structures, which are located on either No flashing historic district 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 requried distance and is taken from the nearest point of each structure None Freestanding 50 feet Spacing between any 2off- premises sign 7=90 per sigR wheR abutt e3QQ per s 9R a etheF G F All Off - premise signs �-ktaF.�- ENStFi6t . 750' per Below eave or Wall sign, but only 300' per sign parapet if within 200' of an historic district not abutting a state or federal highway. structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 feet, and spacing between any 2 off - premises sign 100 feet from structures, which are located on either No flashing historic district 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 requried distance and is taken from the nearest point of each structure None :Off- premise signs shall 20 feet from Freestanding 25 feet 1. be permitted only by 300 per sign property line; As determined by Zoning Board of No flashing None Conditional Use Below eave or 100 feet from Adjustment Permit Wall parapet historic district EXHIBIT A 7-50 peF S when abutting inn p S i gA on all e ther ., Cit rt Fee O within Inn All Off - premise signs Below eave or Wall 750' per sign but only 300' per sign if within 200' of an parapet historic district and not abutting a state or federal highway. Spacing between any 2 off - premises sign structures, which are located on either side of federal aid primary highway(s), and oriented toward said highway(s) will be no less than 750 100 feet from feet, and spacing between any 2 off - premises historic district sign structures, which are located on either side No flashing 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 requried distance and is taken from the nearest point of each structure None Off- premise sign spacing requirements shall be measured perpendicular to the centerline of the street which the sign is oriented toward, between the closest point on each sign structure Freestanding 50 feet Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider City Clerk Address: City Hall- 50 W. l3` St Telephone: 589 -4121 ORDINANCE NO. 2 -10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 15 -12 OFF - PREMISE SIGNS AND ADOPTING A NEW SECTION 15 -12 OFF - PREMISE SIGNS IN LIEU THEREOF, PERTAINING TO THE REGULATIONS OF OFF - PREMISE SIGNS ALONG STATE AND FEDERAL HIGHWAYS AND NEAR HISTORIC DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by repealing Section 15 -12 Off - Premise Signs and adopting a new Section 15 -12 Off- Premise Signs in lieu thereof, pertaining to the regulation of off - premise signs along state or federal highways and near historic districts, as shown in Exhibit A. 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. Attest: eanne F. Schneider, CMC City Clerk Passed, approved and adopted this 19 day of January, 2010. David T. Resnick , Mayor Pro -Tem