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HomeMy WebLinkAbout2015-03-09 Ordinance� r � n.rr� CITY OF 101 N�A CITY UNESCO CITY Or LITE RATURE k 11 IIIA �� To: Tom Markus —asa�� 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. � r w�ra� =; CITY OF IOWA CITY CITY OF IOWA CITYE M UNESCO CITY of LIT O ERATURE ` 1 1 ' D �M 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. e^.�.. on.a�l—� 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. ph.. 3. h }h {� .. F., it m� cf be adao?„ - 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