City of Dubuque - Text Amendment
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO.89-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE OF THE
CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY AMENDING
SECTION 4-3.5(C) REGULATING POLITICAL SIGNS BY DELETING THE
DURA TIONAL LIMITATIONS FOR SUCH SIGNS.
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
Ordinance is hereby amended by amending Section 4-3.5(c) as follows:
4-3.5. Exempted signs. The following types of signs are exempted from the
requirements of the Ordinance:
(C) Political signs. Displayed not more than fort)" fi'ie (45) days prior to
the gO'/ernmental election to which they apply, and remo'v'ed within
se'v'en (7) days of stich election. Such signs shall not be placed in
any public right of way or in visibility triangles as defined in Section
4-4.6(5) corner lots.
Section 2. That the foregoing 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.
Passed, approved and adopted this 16th day of October ,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider
City Clerk
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City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4221
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PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o limited Setback Waiver
o Rezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
B Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o CertifICate of Economic Hardship
o Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
Address:
Phone:
City:
State:
Zip:
Fax Number:
Mobile/Cellular Number:
Applicant/Agent: Barry Lindahl. Corooration Counsel. CiW of DubUQue
Address: 700 Locust Street
City: Dubuque
State: IA
Phone: (319)583-4113
Zip: 52001
Fax Number;
583-1 040
Mobile/Cellular Number:
. Site location/address:
Existing zoning: N/A
Proposed zoning: N/A
Historic district: N/A
Landmark: N/A
Legal description (Sidwell ParcellD number or lot numberlbJock number/subdMsion): N/A
Total property (lot) area (squ$re feet or acres): N/A
Number of lots: N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): Text amendment of Section 4-
3.5(c) of the Zoning Ordinance to d~le~e the durationallimits for political signs. based on legal interoretation that such
limits are unconstitutional (see attached memos),
CERTIFICATION: Ilwe, the undersigned, do hereby certify that:
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.
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Date:
cr/0/Co
Date:
. FOR OFFICE US9'?NL ~PLICATION SUBnlTTf CHECKLIST
Fee: N/A Received by: L-\..t:(.N~ Date: 9 <... cO Docket:
o Property ownership list 0 Site/sketch plan 0 Floor plan 0 Plat 0 Conceptual development plan
o Improvement plans 0 Design review project description 0 Photo BOther: Case Law
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CITY OF DUBUQUE, IOWA
MEMORANDUM
September 25, 2000
TO:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner r 1, 1-
FROM:
SUBJECT: Proposed Text Amendment to Section 4-3.5 concerning Durational Limits
for Political Signs
DISCUSSION
The City of Dubuque is requesting that the Zoning Advisory Commission review a
proposed text amendment to Section 4-3.5 (c) of the Zoning Ordinance to delete the
durationallimits for political signs, based on the legal interpretation that such limits are
unconstitutional. Corporation Counsel Barry Lindahl has provided a memo addressed
to the Mayor and City Council members concerning political signs and his interpretation
of a recent court case involving the City of Gladstone, Missouri, regarding their
regulations on political signs and limits on their placement.
RECOMMENDA liON
Planning staff recommends the Zoning Advisory Commission review the attached
information and make a recommendation to the City Council on the proposed text
amendment that would eliminate durationallimits for political signs.
KLKlmkr
Attachments
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Barry A. Lindahl, Esq.
Corporation Counsel
1 % Dubuque Building
700 Locust Street
Dubuque, Iowa 52001-6824
(319) 583-4113
(319) 583-1040 FAX
E-mail: balesq@mwci.net
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August 16, 2000
Mayor Terrance M. Duggan
and Members of the City Council
City Hall
Dubuque, ~owa 52001
RB: Political Signs
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Dear Mayor and Counci~ember~:
Councilmember Nicholson requ~sted that we review the City-of
Dubuque ordinance regulating political signs.
Section 4-3.5(c) of the Zoning Ordinance exempts from
regulation under the Zoning Ordinancenpolitical signs displayed
not more than forty-five (45) days prior to the governmental
election to which they apply and removed within seven (7) days of
such election.n .
In Whitton vs. City of Gladstone, Missouri, 54 F.3rd 1400 (8th
Cir. 1995), the United States Court of Appeals for the Eighth
Circuit, which includes Iowa, held that a Substantially similar
durational limitation in. another city's sign ordinance was
unconstitutional because it made ~er.missible distinctions based
solely on the content or message conveyed by political signs that
did not apply to other kinds of signs.
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Based on the reasoning of the Court in the Gladstone case, it
is our opinion that Section 4-3.5(c) of the City of Dubuque Code of
Ordinances is similarly invalid. It is our intent, in light of the
case, not to enforce the ordinance. We have met with Planning
staff members, Kyle Kritz and Guy Hemenway, and they have advised
us that there has been no serious enforcement problem with this
ordinance.
Service
People
Integrity
Responsibility
Innovation
Teamwork
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Mayor Terrance M. Duggan
and Members of the City Council
August 16, 2000
Page Two
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Enclosed is an ordinance that would delete the durational
limitations from Section 4-3.5. The effect of the amendment would
be to exempt political signs from the Zoning Ordinance, subject to
the limitation that such signs cannot be placed in any public
right-of-way or in visibility triangles, as a matter of public
safety.
An alternative to exempting political signs entirely from the
Zoning Ordinance is to treat political signs like all other
temporary signs. There would be no durational limitations for
political signs, but there would be a requirement of a permit for
such signs. Thus, treating political signs as temporary signs does
not appear to be a practical solution to the problem.
Exempting political signs from the Zoning Ordinance, as we
have proposed, is also consistent with an interpretation of the
definition of "sign" in Section 4-3.2(52) of the Zoning Ordinance
as not including political signs. Section 4-3.2 (52) defines a sign
as "any device, structure, fixture or placard using graphics,
symbols, and\or written copy designed specifically for the purpose
of advertisina or identifvina any establishment, oroduct, aoods.
services, activities or uses." A political "signa does not appear
to fall within the definition. '
Because we 'have concluded that the current durational
limitations are not enforceable, I would recommend adoption of the
enclosed ordinance, deleting the durational limitations. If the
Council desires-us to look at other alternatives for regulation of
political signs, I would respectfully request your direction.
Lindahl
Counsel
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BAL/cg
Enclosure
cc - Mr. Michael C. Van Milligen
cc - James A. O'Brien, Esq.
cc - Ms. Laura Carstens
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Iowa Code ~ 54.16
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2. a. Yard signs shall not be placed on any property which adjoins a city, county, or state
roadway sooner than forty-five days preceding a primary or general election and shall be
removed within seven days after the primary or general election in which the name of the
particular candidate or ballot issue described on the yard sign appears on the ballot. Yard
signs are subject to removal by highway authorities as provided in section 319.13, or by
county or city law enforcement authorities in a manner consistent with section 319.13.
The placement or erection of yard signs shall be exempt from the requirements of chapter
480. Notice may be provided to the chairperson of the appropriate county central
committee if the highway authorities are unable to provide notice to the candidate,
candidate's committee, or political committee regarding the yard sign.
City of Dubuque Code of Ordinances
S 4- 3.1
(43) Political sign. A temporary sign used in connection with a local, state, or national
election or referendum.
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S 4-3.3. Signs prohibited.
The following signs shall be expressly prohibited in all zoning districts, any contrary
proviSIons or implications of this ordinance notwithstanding:
* * *
(d) Any portable sign, including any sign displayed on a stored vehicle, except for a
display of temporary political signs as provided in section 4-3.5.
S 4-3.5. Exempted signs.
The following types of signs are exempted from the requirements of this Ordinance:
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(c) Political signs displayed not more than forty five (45) days prior to the governmental
election to which they apply, and removed within seven (7) days of such election. Such
signs shall not be placed in any public right of way or in visibility triangles as defmed in
Section 4-4.6(5) corner lots.
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S 4-3.9. Temporary signs.
Temporary signs, where allowed, shall be erected and maintained in accordance with the
following provisions:
(1) General conditions.
(a) Certificate and fee required. No persons shall erect, alter or relocate any temporary
sign except for real estate and political signs without first making application, submitting
a fee as specified in Section 7 of this Ordinance, and obtaining a temporary sign
certificate from the Building Official.
(b) Limit on number of certificates. No more than four (4) certificates for temporary signs
shall be issued for the same zoning lot in one calendar year.
(c) Materials and methods. The Building Official shall impose as a condition of the
issuance of certificate, such requirements as to material and manner of construction as are
necessary to assure the safety and convenience of the public.
(d) Sign types. Temporary signs shall be nonprojecting building signs or "freestanding
signs" as defined herein. Pennants, banners and inflatable signs, are permitted temporary
signs.
(e) Number, area, height and location. The permitted area, height and location of
pennants, banners and inflatable temporary signs shall be determined by the Building
Official with consideration given to public safety and the signage reasonably necessary
and appropriate for the intended use. The maximum area of nonprojecting building signs
or free-standing signs or other temporary signs shall be thirty two (32) square feet in all
zoning districts. Signs shall not be greater than 5 feet in height. Such signs shall not be
placed in any public right of way or in visibility triangles as defmed in Section 4-4.6(5)
for comer lots. No temporary business sign shall be placed within 50 feet of another
"temporary sign" as defmed herein.
(2) Quasi-public signs. Quasi-public signs, giving notice of special events and activities
sponsored by recognized civic, patriotic, religious or charitable organizations for
noncommercial purposes, subject to the following:
(a) Location. Quasi-public signs may be located on or off ofthe premises where the event
is taking place provided permission is given by the owner of the property. Such signs
shall not project beyond any lot line.
(b) Timing. Quasi-public signs shall not be erected or maintained more than thirty (30)
days prior to the date on which the event advertised is to occur and shall be removed
immediately after the termination of the event.
(3) Temporary business signs. Temporary business signs, calling attention to a special,
unique or limited activity, service or product or sale of limited duration, as follows:
(a) Location. Temporary business signs shall be located only on the lot upon which the
special activity is to occur. Such signs shall not project over any lot line.
(b) Timing. Temporary business signs shall be erected and maintained for a period not to
exceed thirty (30) days, at the expiration of which the certificate holder shall immediately
remove such temporary sign.
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
DUB~E
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October 10, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - SO W. 13th Street
Dubuque,IA 52001
RE: Text Amendment
Applicant: City of Dubuque (referral from City Council)
Description: To amend Section 4-3.5(c) of the Zoning Ordinance to delete the durational
limits for political 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
Kyle L. Kritz, Associate Planner representing the City of Dubuque, spoke in favor of the
request, noting that text amendment is intended to address an inconsistency in the City's
Zoning Ordinance that applies durational limits to political signs, but not to similar
temporary signs, such as real estate signs. There were no public comments.
The Zoning Advisory Commission discussed the request noting that they don't anticipate
problems relating to political signs being left up well past election day.
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,
E~ir~~~~
Zoning Advisory Commission
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