Review Process for Projecting Signs
..
.
.
.
'-
Prepared by: Laura Carstens. Bulldlna OffIcial Address: CItY Hall. 60 W. 13th Street Telephone: 589-
4210
ORDINANCE NO. 92-00
AN ORDINANCE THE CITY OF DUBUQUE CODE OF ORDINANCES,
CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC PLACES, BY
AMENDING ARTICLE VI. ENCROACHMENT ON PUBLIC PLACES, BY
ADDING A NEW DIVISION 4. PROJECTING SIGNS, REGULATING SIGNS
PROJECTING OVER PUBLIC PLACES.
Whereas, the City Council desires to streamline the permit review and approval
process for signs that comply with applicable regulations for projecting into public
places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Article VI. Encroachment on Public Places of Chapter 41,
Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances is
hereby amended by adding the following new Division 4. Projecting Signs:
DIVISION 4. PROJECTING SIGNS
Section 41-149. Definitions:
The following words when used in this Division shall have the following
meanings:
Projecting Sign: A sign which projects from and is supported by a wall of a
building or a structure, and which extends over a public place.
Projection: The distance by which a projecting sign extends over a public
place.
Public Place, or Places: Public grounds, streets, sidewalks, alleys,
bridges, culverts, overpasses, underpasses, grade crossing separations
and approaches, public ways, squares and commons.
Section 41-150. Permit required:
."
.
.
.
Ordinance No.
Page 2
No person, firm or corporation shall place and/or maintain any projecting
sign without first obtaining a permit thereof, complying with all applicable
local, state and federal regulations, providing acceptable proof of liability
insurance and paying the permit fee, all as provided in this Division and in
Chapter 3, Advertising, of this Code of Ordinances.
Section 41-151. Application for Permit:
Any application for a permit for a projecting sign shall be filed with the
Building Official on a form provided by the Building Official not less than
seven (7) days prior to the date the projecting sign is to be installed.
Section 41-152. Permit Fees:
The applicant shall pay the permit fee to the City for each projecting at the
time of the filing of an application for each projecting sign.
Section 42-153. Compliance with Zoning Ordinance:
(a) The Building Official shall not issue a permit for any projecting sign
which does not comply with the sign regulations set forth in the
Zoning Ordinance (Appendix A of this Code of Ordinances) as to
projection, size, number and other zoning restrictions.
(b) If the Zoning Board of Adjustment has granted a variance from the
sign regulations set forth in the Zoning Ordinance for a projecting
sign, the sign shall be deemed to be in compliance with the Zoning
Ordinance.
(c) If the projection for a sign exceeds the allowable projection set
forth in the Zoning Ordinance, the Public Works Director, or hislher
designee, shall make a recommendation to the City Council. The
Building Official shall not issue a permit for the sign unless it is
approved by the City Council.
Section 42-154. Compliance with Historic Preservation Ordinance:
The Building Official shall not issue a permit for any projecting sign which
does not comply with the regulations set forth in Chapter 25, Historic
Preservation, of this Code of Ordinances.
Section 42-155. Maintenance:
The permit holder for each projecting sign for which a permit is issued
shall:
.'
.
.
.
Ordinance No.
Page 3
(a) Maintain the sign in a good state of repair; and
(b) Construct the sign of such materials as to meet all local, state and
federal regulations governing the construction and installation of
signs.
Section 41-156. Hold Harmless:
The permit holder shall enter into a hold harmless agreement with the City
of Dubuque for any projecting sign prior to issuance of the permit, which
shall require that the permit holder pay on behalf of the City all sums
which the City shall be obligated to pay by reason of any liability imposed
upon the City for damages of any kind resulting form the placement or
maintenance of a sign, whether sustained by any person or persons,
caused by accident or otherwise, and shall defend at its own expense and
on behalf of the City any claim against the City arising out of the
placement or maintenance of said sign.
Section 41-157. Insurance:
(a) Prior to the issuance of a permit for a projecting sign, proof of
insurance shall be furnished to the Building Official by the owner
and/or occupant of the premises.
(b) Coverage shall include such comprehensive public liability and
property damage insurance written by an insurer licensed to do
business in the State of Iowa as shall protect the City during the
life of the projecting sign from claims or damages, personal injury,
including accidental death, as well as claims for property damages,
which may arise from the existence of the sign in such a manner as
to impose liability on the City, and the amounts of such insurance
shall be as required by the City Manager.
(c) Such insurance shall name the City as an additional insured.
(d) Each owner and/or occupant of the premise required to furnish
proof of insurance shall also maintain on file with the Building
Official a certificate evidencing that the insurer will give the
Building Official thirty (30) days written notice prior to termination
or cancellation of the required insurance.
(e) Upon notice of cancellation or termination of insurance, or
expiration of proof of insurance, the Building Official shall notify the
.'
.
Ordinance No.
Page 4
owner and/or occupant of the premise for which proof of insurance
is required by certified mail, that the projecting sign or signs are in
violation of this Division and shall be removed by the date stated in
the notice.
.
Section 41-158. Exclusion:
The permit holder shall agree in writing prior to the issuance of a permit to
the following:
(a) The permit holder, by acceptance of a permit, covenants and
agrees that the revocable permit granted does not constitute
approval of the design, construction, repair of maintenance of any
projecting sign.
(b) The permit holder, by acceptance of a permit, covenants and
agrees not to assert a claim or defense against the City in the
event of claim asserted for death, personal injuries and/or property
damage against the permit holder arising out of or in any way
connected with the design, construction, repair or maintenance of
projecting sign or signs for which a permit is issued.
Section 41-159. Revocation:
(a) A permit granted under this Division shall be revocable upon ten
(10) days written notice to the permit holder at the convenience of
the City. A permit also may be revoked or not renewed for failure
to comply with the requirements of this Division or any other
applicable legal requirements, or for fraud, deceit, or
misrepresentation in connection with an application for a permit.
(b) In the event of such revocation, the Building Official shall notify the
permit holder in writing of such revocation or refusal of renewal,
specifying the reasons therein for such refusal. The permit holder
or permit holde"'s successor in interest may petition the City
Council for a hearing on such refusal within thirty (30) days of
receipt of the Building Official's letter.
.
(c) The permit holder, within thirty (30) days of receipt of a written
notice from the Building Official to remove a projecting sign, shall
at the permit holde"'s expense remove such sign. In the event of
the permit holde"'s failure to do so, the City of DUbuque shall
remove the sign at the permit holde"'s expense and dispose of the
.
.
.
Ordinance No.
Page 5
same. The permit holder shall agree in writing prior to the
issuance of a permit to make no claim against the City or its agents
for damages resulting from the removal of said sign.
(d) Nothing in this section shall preclude the Building Official from
giving immediate notice to a permit holder to remove a projecting
sign in the event such sign has been damaged or has been moved
or otherwise placed to cause an immediate threat to public safety.
In the event the sign is not removed within seven (7) days of such
notification, the Building Official shall remove such sign as
provided in subsection (c) above.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 16th day of October, 2000.
Attest:
';J
~ /
,7". ./:J ~ ~f '/(
eanne F. Schneider, City Clerk
F:\USERS\MELlNDA\WP\COUNCIL\ORD\SIGN.ORD.wpd
A/p~L) /~/tJ
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Streamlining Review of Projecting Signs
As directed by City Council, Planning Services Manager Laura Carstens is recommending
streamlining the current process for the approval of projecting signs by amending Chapter 41
of the City code. Staff would now have the ability to issue permits for projecting signs that
meet City building, historic preservation, and zoning regulations.
.
I concur with the recommendation and respectfully request Mayor and City Council approval.
MCVM/ksf
attachment
~1LJJ (~~ /1( jjL
Michael C. Van Milligen
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Service Manager
\/l .<~'C1:-;I'J
6:J!HO n'_. J\~!8
.
o Z :2 Hd 2 I 1JO 00
03/\13838
.
.
.
..
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 9,2000
TO:
Michael C. Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
Rich Russell, Building Services Manager ~
SUBJECT: Streamlining Review of Projecting Signs
INTRODUCTION
This memo transmits for City Council approval an ordinance amending Chapter 41,
Streets, Sidewalks, and Public Places, of the City Code, by adding a new section for
the review and approval process for projecting signs. This amendment would
streamline the current process, by allowing City staff to sign off on permits that comply
with City codes.
BACKGROUND
Planning Services and Building Services staff review requests for signs that project into
the public right-of-way for their compliance with zoning, historic preservation and
building regulations. Presently, the City Council must act on all projecting sign
requests. Within the last 18 months, the City Council has approved 19 signs with little
or no discussion.
During the Planning Services Department's program/service review, the review process
for projecting signs was discussed by Planning, Building, Legal and Public Works staff.
Our consensus was that signs which meet City building and zoning regulations could
be handled administratively by City staff.
-.
"
Memo to Michael C. Van Milligen
Streamlining Review of Projecting Signs
. Page 2
DISCUSSION
Staff proposes streamlining this process to allow City staff to issue permits for
projecting signs that meet City building, historic preservation and zoning regulations.
This change would shorten the review process by 10 days or more. It also would
reduce the workload of City Council and City staff.
.
Construction drawings would continue to be reviewed and approved by the Building
Safety Department as to the type of material, method of construction and vertical
clearance. Requests would continue to be reviewed and approved by the Planning
Services Department for conformance to zoning and historic preservation regulations.
The Public Works Department would continue to review proposed signs for potential
impediments to the right-of-way or traffic control. The permit holder would still have to
provide the required insurance and acceptance forms. The permit holder would
continue to agree in writing to assume liability, defend the City, and hold the City
harmless of any claims which may result from the installation of the sign within the City
right-of-way.
If the requested sign complies with City codes, the Building staff would issue a
revokable permit.
If the requested projecting sign exceeds the allowable projection set forth in the Zoning
Ordinance, then the Public Works staff would make a recommendation to the City
Council for review and approval.
RECOMMENDATION
Staff recommends that the City Council approve the attached ordinance, which amends
Chapter 41 of the City Code by adding a new section for the review and approval of
projecting signs, to streamline the review process. This amendment will shorten the
review process, and reduce the Council's workload, for signs that comply with the
building and zoning codes.
Attachment
LC/mkr
cc: Mike Koch, Public Works Director
Barry Lindahl, Corporate Counsel
.
.
00
00
-
.
~
E-;
z
~~
00
_u
~~
o~
~o
~
~=
~~
ooQ
z
o
-
~
u
-
...:l
=
~
~
~
o
z
o
-
~
u
-
~
-
t2
~
u
1: co ~ ]
co -d' ..... ..=
~ -; .... .:a
"t:l '"' = -
o Q,l S ~
~ ~ u Q,
'"' Q, or
"~ CO =
- '"' 0'
,,:,c OJ) =
'"' Q,l .c
Q,l ~ =
u ~ Q
OJ) ..= ....
= .... 0
... .... .....
= 0 ......
=s ~ u
CO .;] Q,l
... ..=
:E ....
a .S
=]
.~ ..= =S
-= ~ ......
'"' .c '"'
o = tl
e Q, .....
o = .c
C,l 0 l!:
co ... Q,l
~ "= ..=
o '3 :.:'
~ .... C,l ."
= .= ~ Q,l
~ =--C,l.s..=~
00::: ~ -; .... ....
,.,,::; = '"' 0 =
<C .... Q,l ~ 0
l- rIi' ~ S ~
S OJ) 00 Q,
::: .... "t:l [
co 0 = CIl
C,l '"' co ~
'S Q,l Q,l Q,l
=Q,==
e [ 0' "t:l
e CIl .s .;
o ~ = CIl
....~ U ~ Q .5
ci
~
o
....
6
=
=
o
U
Q,l
=
~~
Q Q
'"' N
oS
"t:l
=
co
.S
a: 00
U1Ul
;';:i~N
:E~g
a:UlN
UJ z ~~
t;Qh:
f.. i.lJ Ul <(
...~~:J
-": :::! a:
t -:1.;: ~ co
, ow
~ ..,' 0 i.L
L~ ~
.L.
"~. .\L
., .,'
,."".- -I. ~
- - - ~ 0
o.,L- ~-
..(ON"
z
f
o
N
Cl
~
....
~
z
<
"'-
..:.;;~
()
~
w
u-
CIl
Q,l
....
co
"t:l
ell ~
j~1
oS~
or
e
l!: ~
oS ~
~"t:l
.s~
]jj
'5 ~
CIl
.c CIl
= :s
00 ....