HomeMy WebLinkAbout2015-03-09 Ordinance� r �
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CITY OF 101 N�A CITY
UNESCO CITY Or LITE RATURE
k 11 IIIA ��
To: Tom Markus
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CITY OF IOWA CITY
MEMORANDUM
From: Jann Ream, Code Enforcement Specialist '!L-f�\
Date: March 4, 2015
Re: Proposed amendment to City Code Section 14-513 'Sign Regulations' related to portable
signs
Background on Portable Sign Issues
Currently, portable signs (typically "sandwich" board type signs) are only allowed on private
property and only in CB (Central Business district/downtown) zones. This has created chronic
enforcement issues and the perception of unfairness for those businesses that do not have an
exterior entrance alcove (private property) or do not have a ground floor storefront.
Portable signs are also allowed in sidewalk cafe areas or attached to the fencing of these areas.
The change in sidewalk cafe policy that allows the cafes to be physically separated from the
store front has created new issues. Because the business owner still has to lease the right of
way between the fenced cafe area and the building wall (in order for the leasehold interest to be
"connected" to the business), it is considered part of the sidewalk cafe which technically allows
the sign on the sidewalk between the building wall and the fenced area. Other business owners
see this and question why, these businesses are allowed signage on the sidewalk. This
contributes to the perception of unfairness and selective enforcement.
The placement of portable signs has been problematic and has required significant staff time
trying to gain and keep compliance downtown. In general, most communities allow portable
signs in right of way with regulation; and both business owners and consumers find visible
signage of this type conducive to business.
It should be noted that the original proposal submitted to and recommended for approval by the
Planning and Zoning Commission included language that removed the requirement for a sign
permit. Upon further discussion with the City Attorney's Office, which determined the
requirement for business owners to sign an indemnification agreement if a portable sign was
placed on City right of way, it was resolved that the most reliable and efficient way to obtain the
indemnification agreement was through the permitting process. Therefore, the final version of
proposed amendment removed the "no permit required" language from the proposed
amendment. Unless a sign is specifically identified as not requiring a permit, it always requires a
permit per section 14 -5B -2B(2) of the Sign Ordinance.
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CITY OF IOWA CITYE M
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ERATURE ` 1 1 ' D
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To: Planning & Zoning Commission
From: Jann Ream, Code Enforcement Assistant
Date: January 29, 2015
Re: Discuss a proposed amendment to City Code Section 14-5B 'Sign Regulations'
. regarding placement, size, and conditions related to portable signs
Background on Portable Sign Issues
Currently, portable signs (typically "sandwich" board type signs) are only allowed on private
property and only in CB (Central Business district/downtown) zones. This has created chronic
enforcement issues and the perception of ,unfairness for those businesses that do not have an
exterior entrance alcove (private property) or do not have a ground floor storefront.
Portable signs are also allowed in sidewalk cafe areas or attached to the fencing of these areas.
The change in sidewalk cafe policy that allows the cafes to be physically separated from the
store front has created new issues. Because the business owner still has to lease the right of
way between the fenced cafe area and the building wall (in order for the leasehold interest to be
"connected" to the business), it is considered part of the sidewalk cafe which technically allows
the sign on the sidewalk between the building wall and the fenced area. Other business owners
see this and question why these businesses are allowed signage on the sidewalk. This
contributes to the perception of unfairness and selective enforcement. Depending on the
distance between the building wall and the delineated sidewalk cafe area, a sign placed in this
area can constrict the pedestrian walkway. Signs are allowed 6sf per side (can be double sided)
and can be up to 6ft in height.
The placement of portable signs has been problematic and has required significant staff time
trying to gain and keep compliance downtown. In general, most communities allow portable
signs in right of way with regulation; and both business owners and consumers find visible
signage of this type conducive to business.
Summary of proposed placement, height and size standards:
a. Continue to allow portable signs on private property.
b. Allow on City right of way within 30 inches of the front fagade wall or the front property
line.
C. Allow for businesses not on the ground floor to have or share a sign.
d. Require that signs for businesses with sidewalk cafes separated from the building keep
a minimum unobstructed walkway of 8ft.
e. Because the placement standard is being relaxed, reduce maximum height to 4ft but still
allow 6sf of area per side.
January 30, 2015
Page.2
Conditions
Currently, only one non -illuminated sign is allowed per storefront on private property and cannot
block the entrance/exit to any doorway. It must be weighted at the base to provide stability and
moved inside when business is not open. It may be double faced. A sign permit is required.
Proposed conditions (in addition to proposed placement, height and size standards)
a. Do not require permit.
b. When placed on City sidewalk or in City Plaza per proposed standards, a minimum 8ft
clear path must be maintained between the sign and any streetscape amenities, planters
or other obstructions.
C. Sign must be constructed of durable materials and weighted to provide stability in all
weather conditions. External weights separate from the sign itself, such as sandbags are
not permitted.
e. Only one sign per storefront is permitted except as allowed in "f'.
f. If a storefront contains a separate business not located on the ground floor, one
additional portable sign may be allowed. If there is more than one business not on the
ground floor, those businesses may share a portable sign.
g. Portable signs cannot be directly illuminated.
These amendments have been discussed with the legislative committee and Nancy Bird,
Director of the Downtown District, on two occasions. At the first meeting, Ms. Bird and the
members were amenable with the amendments. At the latest meeting (1/13/15), they advocated
for more comprehensive design regulations per the December, 2014 retail strategy report
prepared for the Downtown District by the consultants, Downtown Works. They expect all
signage (not just portable signs) to be a part of that discussion. However, any new regulations
coming from these discussions is many months away and waiting for these portable sign
amendments will continue the issues that staff would like to address. Even though the portable
sign regulations may get tweaked again when the downtown design standards are addressed,
going forward with these proposed changes now would help address the current issues.
i
Attached is the final proposed table along with a table showing the changes and current
language.
Staff Recommendation
Staff recommends approval of amending Portable Sign requirements in City Code Section 14-
56 'Sign Regulations;' Table 56-4 'Sign Specifications and Provisions in the CB -2, CB -5 and
CB -10 Zones' as shown in Table 1, attached.
Approved by: 7
John Yapp, Deve pment Services Coordinator
Department of Neighborhood and Development Services
Attachments
January 30, 2015
Page 3
Table 1: Staff recommendation for amending Portable Sign requirements
Table 513-4 from ON Code Section 14-513
No permit required.
Up to one non -illuminated portable sign is allowed per
storefront. A maximum of one additional sign is allowed
for businesses not located on the ground floor, which
may be for one or more of those businesses.
The sign must be placed 1) on private property or 2)
within or on the fenced delineated area of a sidewalk
caf6 or 3) on City right of way within 30 inches of the
front fagade wall and/or front property line of the building
containing the business
6 sq. ft. per sign face,
The sign may not block access to any doorway.
Portable sign
May be double-faced for a
When placed on City right of way, a clear 8ft path
total area of 12 sq ft.
4ft
between the sign and any streetscape amenities,
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on fence for sidewalk
cafe.
Time &
25 sq. ft. per sign face.
May be double-faced fora
_
Signs must not project more than 6 ft. into the public
Temperature signs
total area of 50 sq. ft.
right-of-way
Barber Poles
_
—
Maximum diameter: 9 inches
Maximum length: 3 ft
3 sq. ft. per sign face
Directional signs
May be double-faced for
—
—
total area of 6 sq. ft.
Identification &
2 sq ft
_
Up to one of these signs is allowed per building.
Integral signs
No permit is required.
One private flag may be displayed in conjunction with
Flags
—
—
public flags.
No permit is required.
Quick Vehicle
Allowed for Quick Vehicle Servicing Uses,
Servicing Signs
_
_
No permit is required.
January 30, 2015
Page 4
Table 2: Comparison of existing to proposed Portable Sign requirements
Table 513-4 from City Code Section 14-513
r ermii rep ed.
Up to one non -illuminated portable sign is allowed per
storefront.
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o'g.C9L!R'.1flgq-1,maxmum of -gone additional sian
isP=r4aed a`owedfor businesses not locaied on the
ground floor, which may be for one or more of those
businesses.
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-
The sign must is per#� be placed 1) on private
property within. �x, t h i , m or 2) within or
on the fenced delineated area of a sidewalk cafe or 3)
on City right of way within 30 inches of the front fagade
6 sq, ft. per sign face.
wall and/or front property line of the building containing
the business
Portable sign May be double-faced for a
94
. a-desigpaW fl'ewar�f -The sign may not
total area of 12 sq ft.
Oft block access to any doorway.
When placed on City right'of way, a clear 8ft path
between the sign and any streetscape amenities,
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign FAustbRweigh
stabilit
The sign must be Constructed of durable materials and
weighted to provide'stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on fence for sidewalk
cafe.
Time & 25 sq. ft. per sign face.
Temperature signs May be double-faced for a
_ Signs must not project more than 6 ft. into the public
total area of 50 sq. ft.
right-of-way
Barber Poles _
_ Maximum diameter: 9`inches
Maximum length: 3 ft
3 sq. ft. per sign face
Directional signs May be double-faced for
total area of 6 sq. ft.
Identification &
Integral signs 2 sq. ft.
Up to one of these signs is allowed per building.
No permit is required.
Flags
One private flag may be displayed in conjunction with
_
— public flags.
No
No permit is required.
Quick Vehicle
Servicing Signs
Allowed for Quick Vehicle Servicing Uses.
No permit is required.
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 21 of 23
Eastman shared his uncertainty of what options the Commission has regarding the future
development of Moss Ridge Road. Freerks stated that they can always ask City Council to
change the name. Eastham agreed that the need for the same name to aid emergency vehicles
is valid.
A vote was taken and the motion carried 6-0.
ZONING CODE AMENDMENT ITEM
Discussion of a proposed amendment to City Code Section 14-513 'Sign Regulations' regarding
placement, size, and conditions related to portable signs
Ream stated that her memo explained the issues that have occurred over the years. What she
can add to the memo is 16 years of enforcement of the code and the difficulties it has
presented and the frustrations it has presented both on staff side and business owners
downtown. Ream stated that everyone has travelled to other cities and see portable signs
used with no problems and customers appreciate them and with regulation and control it is
something that Iowa City should move forward with. It is probably one of the most divisive
issues staff has had with business owners downtown, signage is very important to them, and to
their businesses. They really do see it as an unfair situation when one business is allowed to
have that sort of portable sign because of the configuration of their entrance allows them to put
it on private property and if they have a storefront that goes completely across the front of their
property they aren't' afforded that luxury. Ream stated that the Downtown District has tasked
staff with looking at some overall design standards for downtown facades of which all signage,
not just portable signs, will be a part of a review staff will be doing hopefully with a third party
consultant. So there may be some tweaking that may come back to this at a future date, but
that is really months away and this is a good thing to move forward with now.
Freerks asked about the memo stating that the amendments were discussed with the
legislative committee and Nancy Bird, who is the legislative committee? Ream explained that
was the legislative committee of the Downtown District.
Swygard asked, knowing they will work on the design standards, but it does say they can't be
directly illuminated can people do other decorative things like hang balloons on them? Ream
said that balloons are specifically prohibited.
Eastham asked if portable signs sit on the ground it can be a hazard to people with visual
impairments. Ream said the very first meeting they had with the legislative committee they
brought in two representatives of people with disabilities to specifically address that question
and they did not have any concerns about it. What they made clear was not that hazards
present themselves in public walkways, because that is something they deal with all the time,
they were fine with it as long as they could consistently know where those hazards may be. If
there is an eight foot sidewalk, people are likely to walk in the middle of the sidewalk, not up
against the buildings and the visually impaired are not different.
Freerks opened public hearing.
Nancy Bird, the Executive Director of the Iowa City Downtown District, began by thanking the
Commission for allowing comment on this issue. She also wanted to commend Staff for taking
the time to talk with the legislative group of the Downtown District, and there are a number of
committees that work on policy issues or regulatory issues that they think they can help
support or find a better solution for. The signage boards out on the streets are one of those
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 22 of 23
issues, and City Staff works really hard to enforce the rules that are on the books right now,
and what happens is because its complaint based, some of those signs are left out because no
one is complaining about them, and others are complained about, so which leads to infighting
within the business district. So, if this is something that cannot be enforced, what else can be
done.
Additionally Bird wanted to address the issue of signage in general and some of the things they
have been researching with their retail strategy. Bird stated that the Downtown District's goals
are the same as the City's goals but in the process of understanding what our business
community needs to thrive they are seeing some patterns that are challenging and hope to be
able to support businesses that are complimentary. In regards to signage the retail strategy
that they have developed with the consultant support, Downtown Works, one suggestion was
to hire a retail recruiting expert to go out and prospect and not be commissioned based, they
just want to place the right business for the community and also that design matters. In larger
cities you'll see great examples and they spend a lot of time on design and those layers are
there for predictability for the community. Without that predictability of what type of process
someone will go through, if there are policies and tools in place to help support the right thing
then at least they will know. The Downtown District cares about that predictability and wants to
work with some kind of design guidelines and will support that. The portable signage is the first
step towards better design guidelines. Bird also wanted to state that she feels they need more
City financial support for the design guidelines it can alleviate so much of the community
conversation. To have design guidelines people can see and understand.
Freerks remembers signage discussions a long time ago and it's important to remember there
is a reason for the tables and the guidelines
Freerks closed public hearing.
Thomas moved to recommend approval of amending Portable Sign requirements in City
Code Section 14-5B 'Sign Regulations;' Table 5B-4 'Sign Specifications and Provisions in
the CB -2, CB -5 and CB -10 Zones' as shown in Table 1.
Eastham seconded the motion.
A vote was taken and the motion carried 6-0.
PLANNING & ZONING INFORMATION
Hektoen pointed out that the Commission's recommended denial of the comprehensive plan
amendments will go onto Council but unlike a rezoning they do not have to provide an
opportunity to consult with the Commission, but it does require a super majority vote if they are
not going to follow the recommendation.
Miklo reminded the Commission that Monday they had a joint meeting with the Council and they
do have a meeting with another committee at 5:00 with the goal of that meeting being done at
5:30 so if the Commissioners could be here by 5:30 that would be good. This meeting is the
discussion of the landmark designation of the cottages on Dubuque Street.
ADJOURNMENT
Eastham moved to adjourn.
Swygard seconded.
Motion carried 6-0.
2
Prepared by: Jann Ream, Development Services Division, 410 E. Washington @et i a r, 1r�, 5??4 0 319-
356-5120
4;
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT
STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL
ZONES. %
WHEREAS, the stated purpose of the Zoning Code sign regulations iso provide a reasonable
opportunity for all sig users to display signs without interference from other ignage and to provide fair
and equitable treatme for all sign users; and
WHEREAS, current n regulations regarding the placement of portabl signs restrict that placement to
private property or sidewal fes; and
WHEREAS, these restri 'ons create a perception of unfairness for ose business owners who do not
have an available area of priva property due to building placement or ose businesses are not located on
the ground floor of a building; an
WHEREAS, it is reasonable t allow portable signs on City rig -of-way, subject to certain limitations
regarding the size, location and illumi tion; and
WHEREAS, the proposed standar will protect and maintai minimum unobstructed pedestrian walk
way of 8ft; and
WHEREAS, the Planning and Zoning ommission has viewed the proposed changes to the sign
ordinance and recommend approval; and
WHEREAS, these amendments satisfy the rpose of a sign regulations and are in the public interest.
NOW, THEREFORE, BE IT ORDAINED B THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City o owa City, Iowa is hereby amended as follows:
A. Amend Section 14-513-8E, Table 513-4, "9(gn Spdvifications and Provisions in the CB -2, CB -5 and
CB -10 Zones," by deleting the row that aflrdresses "Fkkrtable signs" and substitute in lieu thereof:
Up one non -illuminated portable sign is allowed per
store nt. A maximum of one additional sign is allowed
for busi sses not located on the ground floor, which
may be fo ne or more of those businesses.
The sign mu,be placed 1) on private property; 2) within
or on the fences pelineated area of a sidewalk cafe; or 3)
on City right-of-way within 30 inches of the front fagade
wall and/or front pr ci erty line of the building containing
the business. ,
The sign may not block cess to any doorway.
6sq. ft. r sign face.
When placed on City right -way, a clear, unobstructed
Portable sign
May bdldouble-faced fora
8ft path between the sign and.any streetscape amenities,
total area of 12 sq ft.
Oft
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on a fence for sidewalk
cafe.
Ordinance No.
Page 2
SECTION H. REPEALER. All ordinances and parts of ordi/ect
nflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or pinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the e Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstit
SECTION IV. EFFECTIVE DATE. This Ordinance shall be iits final passage, approval and
publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
App ved by \
City Attorneys Office
a/t -7 hs-
Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5120
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT
STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL
ZONES.
WHEREAS, the stated purpose of the Zoning Code sign regulations is to provide a reasonable
opportunity for all sign users to display signs without interference from other signage and to provide fair
and equitable treatment for all sign users; and
WHEREAS, current sign regulations regarding the placement of portable signs restrict that placement to
private property or sidewalk cafes; and
WHEREAS, these restrictions create a perception of unfairness for those business owners who do not
have an available area of private property due to building placement or whose businesses are not located on
the ground floor of a building; and
WHEREAS, it is reasonable to allow portable signs on City right-of-way, subject to certain limitations
regarding the size, location and illumination; and
WHEREAS, the proposed standards will protect and maintain a minimum unobstructed pedestrian walk
way of 8ft; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign
ordinance and recommend approval; and
WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend Section 14 -5B -8E, Table 513-4, "Sign Specifications and Provisions in the CB -2, CB -5 and
CB -10 Zones," by deleting the row that addresses "Portable signs" and substitute in lieu thereof:
Up to one non -illuminated portable sign is allowed per
storefront. A maximum of one additional sign is allowed
for businesses not located on the ground floor, which
may be for one or more of those businesses.
The sign must be placed 1) on private property; 2) within
or on the fenced delineated area of a sidewalk cafe; or 3)
on City right-of-way within 30 inches of the front fagade
wall and/or front property line of the building containing
the business.
The sign may not block access to any doorway.
6 sq. ft, per sign face.
When placed on City right-of-way, a clear, unobstructed
Portable sign
May be double-faced fora
Oft
8ft path between the sign and any streetscape amenities,
total area of 12 sq ft.
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed,
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign, Sign
faces can be separated if placed on a fence for sidewalk
cafe,
Ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of .2015.
MAYOR
ATTEST:
CITY CLERK
App ved by
+CityA&ftorneyV"'s'03ffffire,a/ 1 /11
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 03/09/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published