CITY OF BURLINGTON CITY PLANNING COMMISSION ITEM: Amend Section 17.75.112 of the City of Burlington Zoning Code (Billboards) MEETING DATE: June 23, 2015 ATTACHMENTS: Site Map Original Sign Permit Commercial and Industrial Zone Map Signage Code Study PETITIONERS REQUEST: Representatives of the Bracewell Stadium project and the City Council have requested that City staff look at examining the sign regulations pertaining to billboards (off-premise signs). A situation recently arose in which a sign classified as an off-premise sign (billboard) was placed on the freestanding sign pole at Bracewell Stadium in violation of City Code. Staff was not consulted on the sign and a sign permit was not submitted showing the off-premise advertising. The sign in question was described to be part of the fundraising effort for Bracewell Stadium. Staff has been tasked to review whether our sign restrictions are more burdensome than other cities, and if they are what changes could be made to the regulations and what impact this could have on the community as a whole. This issue was discussed in the last Planning Commission meeting, and Planning Commissioners requested to look at the issue a second time with the assumption that the area would be rezoned to a Limited Commercial District. This staff report is written with the assumption that Bracewell Stadium will be rezoned to C-1 (Limited Commercial). A rezoning application has been submitted by BCSD. DEPARTMENTS REVIEW AND COMMENT: As part of a fund raising effort for Bracewell Stadium, Universal Therapy paid to have a sign with their business name placed at the top of a freestanding sign along Central Avenue at Bracewell Stadium. This sign had previously obtained a sign permit which had stated the sign would say “Bracewell Stadium” and did not indicate Universal Therapy in any manner. After the installation of the sign, the discrepancy was pointed out to City staff which prompted staff to contact the sign installer and let them know they had installed an illegal sign. The sign installer attempted to receive a variance from the Zoning Board of Adjustment and was unsuccessful. Staff was then directed to perform a signage code study to see if our sign restrictions are too burdensome. A study of signage code from eight cities was conducted and it was determined that our billboard code is not significantly different from other city’s billboard code. The results of this study are summarized below. Section 17.75.112 of the Burlington City Code on Billboard signs states: “Billboards shall not be erected within fifty (50) feet of any residential zone, shall be set back at least twenty-five (25) feet from all right-of-way lines, and shall not exceed twenty (20) feet in height above grade. Only one such sign shall be allowed per lot or property. One (1) off premise sign shall be allowed in parking lots when the business is located adjacent to or directly across the street or public right-of-way and both are under the same ownership. Such signage will count towards maximum signage allowed on the primary business lot, is allowed up to a maximum of 30 square feet, shall only advertise for the business, and shall not be an electronic sign. Such signs will be allowed to be located as on premise signs, and must follow all other regulations set forth in Section 17.75 of the Zoning Code” There is one way in which the billboard sign at Bracewell Stadium violates City of Burlington Code (assuming the property is zoned C-1). The violation comes from the location of the sign to the adjacent right-of-way line. Code states that billboards shall be setback at least 25 feet from all right-of-way lines, while this sign sits 4 inches away from the right-of-way line. It should be noted that on the originally approved sign application for this sign, it was stated that the sign would sit 10 feet back from the property line (“property line” and “right-of-way line” are interchangeable words). The setback is primarily intended to maintain off-premise signs as secondary signs on properties, making the on premise sign for the business at a site the primary sign most visible from the street. This is intended to reduce confusion over what business is located on a site and reduce sign clutter along streets for aesthetic purposes. The 25 foot rightof-way setback for Billboards in Burlington follows the 25 foot front yard setback required in all Zoning Districts except one (C-3). Signage Code from eight other Cities in Iowa was examined to determine whether our code differed or was more stringent. The following cities were examined: Iowa City, Des Moines, Dubuque, Mason City, Clinton, Ottumwa, Fort Dodge, and Muscatine. Five of these cities were chosen for their comparable size, while the other three were chosen based on their status as regional population centers. Results from the signage study are below: City Burlington Iowa City Des Moines Dubuque Mason City Clinton Ottumwa Fort Dodge Muscatine Setback 25 feet 5 feet 0 feet 20 feet* 5-25 feet** 0 feet 20 feet*** 5-25 feet **** 0 feet *In Neighborhood Shopping Centers and Mixed Use Neighborhood Zones **25 feet for front yard, 5 feet for side yard, 5 feet for rear yard ***In C-1 (Retail Business) Zones ****25 feet for front yard, 5 feet for side yard, 5 feet for rear yard Results from this signage study indicate that while Burlington’s right-of-way setback requirement is in the upper range, it is not significantly different than the setback requirements of comparable Iowa cities. The Bracewell Stadium sign currently sits 4 inches off of the right of way line, this would be allowable in three cities (Des Moines, Clinton, and Muscatine) but not in the other five. ALTERNATIVES: A range of alternatives have been provided for this situation, which are presented in order from most disruptive to our current code to least disruptive. For the off premise sign to be located on the existing freestanding sign (assuming the side is rezoned to Limited Commercial), one part of the billboard code will have to be changed: the 25 foot right-of-way buffer. For the sign to remain in its current location, the buffer will have to be removed entirely since it sits 4 inches off of the property line. Any change to the Billboard code will affect the areas where Billboards are allowed (Commercial and Industrial Zones), a map of these areas has been provided. The alternatives are: 1. Eliminate the right-of-way setback for Billboards entirely, allowing Billboards to sit up against the property line. 2. Reduce the right-of-way setback to 0 feet for Billboards under 25 square feet (the Universal Therapy sign is 17.3 square feet) and keep it at 25 feet for signs above that square footage. For these Billboards under 25 square feet, require the on premise activity to be the primary portion of the sign (51% of the cabinet area for that portion of sign) with “Sponsored by _____” as secondary identification on the sign (49% of cabinet area for that portion of sign). 3. Reduce the right-of-way setback for Billboards to between 5 and 20 feet. 4. Do not change the Sign Regulations of the Zoning Code. STAFF RECOMMENDATION: Staff recommends alternative #4, do not change the zoning code. Staff does not believe our current signage code is unreasonable. While the Bracewell Stadium project is a quality community project, changing the Code in this instance could have negative community implications aside from Bracewell Stadium. A map has been provided showing all the zones (Commercial and Industrial) in which a change to Billboard code would impact. If the Commission is set on allowing the Bracewell Stadium sign to stay in its current position, then staff would recommend alternative #2 because it would help mitigate the community-wide impact of changing the Signage Regulations. Additionally, if all parties are willing, it may be possible to choose alternative #3 to reduce the right-of-way setback and then move the sign back until it conforms to the new setback. S CE N TRAL AV E Bracewell Stadium Stadium Bracewell Sign Location Location Map Map Sign µ / Commercial and and Industrial Industrial Zones, Zones, Commercial City of of Burlington Burlington City µ Updated Study of Billboard and Off-Site Signage: UPDATE: After the City Planning Commission meeting on 5/21/2015, the Planning Commissioners indicated to staff that they would like this code study revisited with the assumption that the land Bracewell Stadium sits on will be rezoned to C-1, Limited Commercial. Billboards are allowed in C-1 Zoning Districts, so if Bracewell Stadium was rezoned then the billboard would be in an appropriate district. However, the billboard still sits too close to the right-of-way (property) line. The intention of this code study is to determine whether or not our right-of-way setback requirement is significantly different than that of comparable cities. City Burlington Iowa City Des Moines Dubuque Mason City Clinton Ottumwa Fort Dodge Muscatine Setback 25 feet 5 feet 0 feet 20 feet* 5-25 feet** 0 feet 20 feet*** 5-25 feet **** 0 feet *In Neighborhood Shopping Centers and Mixed Use Neighborhood Zones **25 feet for front yard, 5 feet for side yard, 5 feet for rear yard ***In C-1 (Retail Business) Zones ****25 feet for front yard, 5 feet for side yard, 5 feet for rear yard Results from this signage study indicate that while Burlington’s right-of-way setback requirement is in the upper range, it is not significantly different than the setback requirements of comparable Iowa cities. The Bracewell Stadium sign currently sits 4 inches off of the right of way line, this would be allowable in three cities (Des Moines, Clinton, and Muscatine) but not in the other five. City of Burlington Applicable Code Definitions Billboard: Any sign that advertises or displays good, products, services, or facilities which are located elsewhere than on the premises upon which such a sign is displayed Freestanding Sign: Any sign supported by a foundation, uprights, or braces; placed upon the ground; and not attached to any building. Freestanding signs include ground signs, monuments signs, pylon signs, pole signs and other similar signs as determined by the Development Department. Off-premise Sign: A commercial sign that advertises goods, services, or another business that are not sold or operated on the premises. C-1 (Limited Commercial Zoning District): The intent of this district is to allow a transition area between limited commercial growth and residential neighborhoods. Exemptions The following signs are exempt from permit requirements, district signage regulations, and design requirement sections of the City of Burlington Signage Code. 18. Athletic fields and similar recreation area signage are permitted in addition to other permitted signage addressed herein, so long as said signs are intended to be viewed primarily from the playing field and spectator area and not from the public right-of-way. Said athletic field and similar recreation area signage shall not exceed 25-foot in height and three hundred (300) square feet. This signage is not counted towards the total allowable signage for the lot or property upon which is it located. District Signage Regulations C-1 and C-2 (Commercial Districts): a. The total surface area of all signs on a lot shall not exceed two (2) square feet for each lineal foot of building frontage, or one (1) square foot for each lineal foot of lot frontage, whichever results in the larger surface area. However, the maximum total surface area of all permitted signs for each property shall not exceed two hundred (200) square feet in C-1 districts and three hundred (300) square feet in C-2 districts. b. Properties that have more than one lot frontage shall be permitted an additional fifty (50) square feet of signage, if frontages allow, for a maximum total of two hundred fifty (250) square feet in C-1 districts and three hundred fifty (350) square feet in C-2 districts. c. Signs shall not exceed the height of the wall to which they are attached, and freestanding signs shall not exceed twenty-five (25) feet in height in a C-1 area or forty (40) feet in height in a C-2 area. In no case shall a freestanding sign be greater than twenty-five (25) feet in height if the sign is located within fifty (50) feet of a residential zoning district boundary. d. On additional freestanding sign shall be permitted when the lot frontage exceeds five hundred (500) feet for that property. An additional freestanding sign shall also be allowed for each additional two hundred fifty feet (250’) of lot frontage beyond five hundred (500’) feet of lot frontage. e. Signs may be illuminated. Freestanding Signs Such signs are limited to one sign for each lot, except as elsewhere prohibited or permitted. All freestanding signs shall meet the design criteria as stated in section 17.75.118. All freestanding signs located on one lot or property must be located a minimum of one hundred (100) feet from any other freestanding sign on such property. All freestanding signs must be located a minimum of ten (10) feet from all side property lines. Billboard Signs Billboards shall not be erected within fifty (50) feet of any residential zone, shall be set back at least twenty-five (25) feet from all right-of-way lines, and shall not exceed twenty (20) feet in height above grade. Prohibited Signs 2. Off-premise Signs: Not allowed, except as billboards, which must follow the requirements of Section 17.75.112 Billboards and all other applicable requirements of this chapter. Summary There is one way in which the billboard sign at Bracewell Stadium violates City of Burlington Code (assuming the property is zoned C-1). The violation comes from the location of the sign to the adjacent right-of-way line. Code states that billboards shall be setback at least 25 feet from all right-of-way lines, while this sign sits 4 inches away from the right-of-way line. It should be noted that on the originally approved sign application for this sign, it was stated that the sign would sit 10 feet back from the property line (“property line” and “right-of-way line” are interchangeable words). The purpose of the setback is primarily to maintain off-premise signs as secondary signs on properties, making the on premise sign for the business at a site the primary sign most visible from the street. This is intended to reduce confusion over what business is located on a site and reduce sign clutter along streets for aesthetic purposes. The 25 foot right-of-way setback for Billboards in Burlington follows the 25 foot front yard setback required in all Zoning Districts except one (C-3). City of Iowa City Applicable Code General Location Standards for All Zones 1. No sign shall be located in violation of the intersection visibility standards. 2. All nonbuilding signs, and all parts thereof, must be set back at least five feet (5’) from any property line, with the following exceptions: Signs may be located closer than five feet to a property line at ten feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide base signs must not be located closer than ten feet to any right of way or closer than thirty feet to any street curb. Billboard and other off premises signs 1. Not to exceed the maximum sign area for the subject sign type as specified in the applicable zone and will be deducted from the maximum sign allowance for the subject property. Maximum of 72 square feet for billboards. May be double faced for a total area of 144 square feet. 2. Not to exceed the maximum sign height for the subject sign type as specified in the applicable zone. Maximum for billboards of 25 feet. 3. Not permitted in residential, commercial office, commercial neighborhood, central business support, central business, research development park, and office research park zones. 4. May take the form of any sign allowed in the zone in which the sign is located and must comply with all other provision specified for the subject zone. 5. Only 1 off premises sign is allowed per lot or tract. 6. 2 or more uses may install a common off premises directional sign. 7. No off premises sign shall be located within 300 ft. of another off premises sign. 8. No off premises sign shall be located within 120 ft. of a residential zone, parks and open space use, educational facility, religious/private group assembly use, public museum or government administrative or judicial office. 9. Billboard signs shall not apply toward maximum sign allowance for the lot or tract. Summary Iowa City has a property line setback of 5 feet, which is much less than Burlington’s setback of 25 feet. However, location of billboards is not only restricted by proximity to certain zoning districts but also proximity to certain uses. Off premise signs are not to be located within 120 feet of an educational facility. Chapter 4 of Article A of the Iowa City City Code lists sports facilities as accessory uses to education facilities, meaning that a billboard in Iowa City can’t be within 120 feet of a stadium. . In this case, the billboard at Bracewell Stadium would not be allowed even if it was in a commercial zone and the right-of-way setback was removed entirely. City of Des Moines Applicable Code Prohibited Signs (18.200.160) 6. Off premises signs, except as provided in DMMC 18.200.206; or any one sign for a Des Moines business that is 12 square feet or under. Clearance and sight distance (18.200.210) Marquees or projecting signs which project over areas where motor trucks may be required to pass beneath them shall maintain a minimum vertical clearance of 15 feet. No marquee or projecting sign may project closer than two feet from the curbline of the street. Signs must maintain a minimum of eight feet of vertical clearance over pedestrian ways. Placement (18.200.206) All signs, except real estate directional signs, political signs, City-operated signs communicating information on City services, community events, and emergency management, and portable signs expressly allowed under DMMC 18.200.070, and off-premises signs approved under DMMC 18.200.110, must be located on the premises or events or activities of the business that they identify or advertise. All other advertising signs located on premises other than the premises of the business or events or activities they advertise are prohibited, notwithstanding single ownership of more than one premises, except where the premises are contiguous. For the purposes of this section “contiguous” means that such buildings or properties are joined and/or interior access is provided from one to the other. Except those signs approved pursuant to DMMC 18.200.110 and 18.200.160. [Ord. 1591 § 486, 2014.] Commercial Zones (18.200.300) 1. Freestanding Signs. a. Freestanding signs shall not be located on, above, nor project over the public right-of-way. Summary Des Moines does not have a required property line setback for freestanding signs, only requiring them to not project into the right-of-way . As with Burlington’s zoning code, Des Moines does not have a separate zoning class for schools, but lists them as permitted uses in residential zones (with special limitations). Des Moines stance on Billboards (off-premise signs) is more restrictive than Burlington’s, only allowing off-premises signs for contiguous properties under the same ownership and for the advertising of group sales of single-family residences or condominiums (with special permission). In this case, even though there is no required rightof-way setback, the billboard at Bracewell Stadium would not be allowed even if it was in a commercial zone. City of Dubuque Applicable Code Definitions Off Premises Sign: A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located. Off Premises Signs Off Premises Signs are permitted in the following zoning districts: neighborhood shopping center (C-2), mixed use neighborhood (C-2A), general commercial (C-3), downtown commercial (C-4), commercial service and wholesale (CS), commercial recreation (CR), light industrial (LI), heavy industrial (HI), and modified heavy industrial (MHI). Off Premises Signs are not allowed in residential zones. Of these zoning districts where offsite signs are allowed, C-2 (Neighborhood Shopping Center) and C2A (Mixed Use Neighborhood) most closely align with Burlington’s C-1 (Limited Commercial) zoning district. The setback in these districts for off premise signs is 20 feet from the property line and 100 feet from any historic district. The setback for all other zoning districts in which off premise signs are allowed is 100 feet from any historic district. Summary Off Premises (Billboard) Signs are allowed in Commercial Zones, and the property line setback is only applied in commercial zones which are intended to have a neighborhood feel (similar to Burlington’s C-1 district). If the Bracewell Stadium sign was located in the C-2 or C2A Commercial Zoning districts in Dubuque, it would not be allowed. However, if it was located in any other Commercial Zoning district it would be allowed. City of Mason City Applicable Code Definitions Off Premises Sign: A sign that directs attention to a business, profession, product, service, activity or entertainment that is not conducted, sold or offered on the premises upon which the sign is located. An off premises sign shall be considered a principal use in the zoning districts in which it is allowed. Off Premises Sign Regulations Districts allowed: 1. Z-4 (Multi-use): mixture of retail, office, lodging, and multi-family residential uses in a mixture of building types, sizes, and assemblages. Schools are an allowed use provided Planning and Zoning gives approval to the site plan. 2. Z-6 (Industrial): Industrial facilities. Schools are not an allowed use in Z-6. 3. Z-7 (Specific Use): Includes specific uses such as college campuses, hospitals and medical centers. Schools are not an allowed use in Z-7. Signs can be a maximum of 300 square feet. Signs must meet minimum setbacks of the zoning districts they are in and cannot be within 1000 feet of a residential district and 300 feet of an at grade intersection of any street and railroad. Building Setback Requirements for Zones in Which Off Premises Signs are Allowed 1. Z-4 (Multi-use): Minimum of 10 feet in front yard, 5 feet in side yard, and 25 feet in rear yard. 2. Z-6 (Industrial): Minimum of 35 feet in front yard, 20 feet in side yard, and 20 feet in rear yard. 3. Z-7 (Specific Use): Minimum of 25 feet in front yard, 5 feet in side yard, and 5 feet in rear yard. Summary Off Premises (Billboard) Signs allowed in Z-4 (Multi-use) Zoning Districts in Mason City, and Z-4 is similar to Burlington’s C-1 (Limited Commercial) District. Billboard signs must meet the building setbacks for the Zoning District, which is 25 feet at most and 5 feet at least depending on whether the sign sits in the front, back or side yard. In this case the billboard at Bracewell Stadium would not be allowed even if it was in a commercial zone City of Clinton Applicable Code Base Sign Regulations (B) Signs shall contain only the name of the business establishment or the principal business conducted on the premises and may include any motto, slogan, insignia or combination thereof. Sign Regulations Based on Zoning C-2 and M (General Commercial and Industrial) Zoning District Allowable Signage by Category: - Primary highway signs - Off-premises advertising signs (subject to Section Y). Section Y: Off-premises signs not on a primary highway. All off-premises signs not located on a primary highway must conform to the permit, zoning, size, lighting and spacing criteria of the city. (1) In the C District, the display area shall not exceed 200 square feet. In any M District, the display area shall not exceed 300 square feet. (2) New signs must be a minimum of 800 feet from any other off-premises sign. (3) No off-premises sign shall be permitted within 200 feet of a residential boundary unless the sign is completely screened from vision from the residential district. (4) No off-premises sign shall exceed 35 feet in height. (5) No off-premises sign located on the side of a building shall exceed 25 feet in height from the street grade. Summary Off Premises (Billboard) Signs are permitted in General Commercial and Industrial zones on the condition that they be further than 200 feet of a residential district boundary. There is no property line/right-of-way setback required. . In this case the billboard at Bracewell Stadium would not be allowed even if it was in a commercial zone due to the 200 yard from residential district requirement. City of Ottumwa Applicable Code Definitions Billboard: Shall mean any outdoor off-premise sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location, other than where the sign is located. General Requirements of All Zones C. Sign Placement: All free standing signs shall be parallel or perpendicular to the street, except signs on corner lots. Said signs may be placed on a diagonal only when the sign does not protrude into the public right-of-way or obstruct vision. Applicable set-backs are required within each zoning district. Signage Permitted Based on Zoning District C-2 (Commercial District): 3. There shall not be more than one off-premises sign per lot or parcel and shall not exceed 32 square feet. An off-premise sign shall be counted towards the aggregate sign area permitted under D.1. M-1 and M-2 (Industrial Districts): 1. Billboards and signs that advertise items or products or services not available on the property. a. Billboards shall be limited in sign area of no more than 200 square feet and shall be set back a minimum of 25 feet from all right-of-way lines. b. Billboards shall not exceed 25 feet in height above grade. c. Billboards shall not be located closer than ½ mile from any entrance to the city. d. There shall be at least 300 feet between billboards. e. Billboards shall be at least 100 feet from any residential zone. f. Billboards shall not be allowed on the roofs of buildings. g. There shall not be more than one billboard per lot or parcel. Summary Off Premises (Billboard) Signs are allowed in C-2 (General Commercial) Zones but prohibited in C-1 (Retail Business) Zones. There is no required front yard setbacks for signs in C-2 Zones but there is a required 20 foot front yard setback for signs in C-1 Zones. In this case the billboard at Bracewell Stadium would not be allowed if it was in a C-1 Commercial Zone but would be allowed if it was in a C-2 Commercial Zone. City of Fort Dodge Applicable Code Off-Premises Signs This section contains the regulations for signs directing attention to a business, profession, commodity or service which is not located on the same property on which the sign is located. For purposes of this section, off-premises signs shall include billboards, bulletin boards and advertising signs as defined within this ordinance. Off-premises signs shall be subject to the provisions of this section, notwithstanding any other applicable regulation of the zoning district in which the off-premises sign is located. 1. Zoning. Off-premises signs may be placed on property zoned AC (Arterial Commercial), LI (Light Industrial), and HI (Heavy Industrial), subject to all other restrictions in this section. 3. Setbacks a. Off-premises signs shall meet the minimum setback requirements for principal structures in the underlying zoning district. Arterial Commercial District Setbacks 25 foot front yard setback, 5 foot side yard setback, 5 foot rear yard setback Summary Billboards are permitted in General Commercial and Industrial zones on the condition that they meet the principle structure setback in the underlying zone. For Commercial Zones the setbacks are 25 feet for the front yard, 5 feet for the side yard, and 5 feet for the rear yard. In this case the billboard at Bracewell Stadium would not be allowed even if it was in a Commercial Zone. City of Muscatine Applicable Code Billboards 1. Definition: A billboard is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images.. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues. 2. Size and Height Regulations i. No billboard shall exceed 400 square feet in area. ii. No billboard shall exceed 25 feet in height. 3. Placement i. Allowed only in the C-2 (General Commercial) and M-2 (Heavy Industrial) zoning districts. ii. On a single parcel no billboard shall be located within 400 feet of another billboard also located on that same parcel. iii. No billboard, when erected on a lot fronting on intersecting streets, shall be erected within 50 feet of the intersection of the streets. Additional Sign Regulations 4. Post Signs: Post signs constructed within ten feet (10’) of any property line must maintain at least ten feet (10’) of vertical clearance from the ground or pavement to the lowest edge of the sign. Summary Off Premises (Billboard) Signs are allowed in residential zones and there is no buffer requirement from the right-of-way line as long as the sign maintain 10 feet of clearance from the groun. In this case the billboard at Bracewell Stadium would not be allowed even if it was in a Commercial Zone because the lowest edge of the sign is not 10 feet from the ground.