The URL can be used to link to this page

Home My WebLink AboutA001 - report from Planning on Billboard regulation dated October 6, 1995 I M E M O PLANNING & HOUSING DEPARTMENT CITY OF AMES TO: Mayor, City Council FROM: Department of Planning & Housing DATE: October 6, 1995 SUBJECT: Approach to Billboard Regulation Introduction The recent construction of a billboard on Lincoln Way had brought about questions concerning the City's zoning requirements addressing billboards. This report will take a look at the Ames zoning ordinance regarding billboards, then it will examine the zoning ordinance pertaining to billboards of two other cities with similar characteristics as Ames. The report will also address how the Iowa Department of Transportation regulates billboards along highways and interstates. Ames The Ames Municipal Code contains little addressing any requirements on billboards. The subject of billboards is included in the section of "Off-premises signs," in the Municipal Code. This section regulates billboards and off-premises signs in the same manner, and considers billboards and off-premises signs to be one and the same. Section 5.214 prohibits billboards in seven zoning districts. They are: S-R, R-1 , R-2, R-3, R-4, R-5, and H-M. The section also puts restrictions on the size of off-premises signs and their proximity to other off-premises signs. The map located at the end of this report show the zoning districts in which billboards are permitted in Ames. Legalities According to several planning journal articles, researched by the Planning staff, it is lawful to regulate the location of billboards. "Billboards can be considered a distinct business, and, like any other business, they can be regulated through the zoning ordinance," (Corolyn Browne, "Billboards", PAS Memo; 1980). One court case is the leading Supreme Court decision in the area of billboard regulations. In Metromedia v. City of San Diego (1981), the Supreme Court struck down a San Diego city ordinance that forbade all off-premises signs. Even with this precedent, the city of Fort Collins, Colorado passed a city ordinance, effective February 25, 1994, that prohibited all off-premises signs in all districts. The courts have been very supportive of local sign regulations. Several courts accept both the issues of traffic safety and aesthetics as valid grounds for sign regulation. And, the U.S. Supreme Court has found that traffic safety is such a major issue in sign regulation that no proof on the issue of safety is even necessary. Sign regulations addressing matters such as size, setback, structure, height, and number of signs are almost always upheld in the courts as being well within the police power of local governments. For example, in County of Cumberland v. Eastern Federal Corporation (1980), the sign owners challenged the size restriction placed upon advertising signs as being in violation of their First Amendment rights. The court, however, held the regulation to be a reasonable restriction upon the time, place, and manner of expression, and upheld the county's power to employ such a restriction. The issues these cases pertain to have not yet been referred to the City's Legal Department for analysis and comment. Other Cities Ordinances Two other cities, with characteristics similar to Ames, also regulate billboards through their zoning ordinances. Iowa City, Iowa is a university town that is roughly the same size as Ames and has the same social makeup. Burnsville, Minnesota is a suburb of Minneapolis and is a steadily growing community. Each of these two cities' ordinances has different regulations concerning billboards. A summary of each of their zoning ordinances follows. Iowa City The zoning ordinance of Iowa City, Iowa defines an "off-premises sign" to be a sign that directs attention to a use conducted off the lot on which the sign is located. Billboard regulation is covered in this category. In the Iowa City zoning ordinance, billboards are not permitted in the following zones: commercial office zones, neighborhood commercial zones, central business support zone, central business zone, office and research park zone, research development park zone, and the central business service zone. 2 Also, no off-premises sign shall be located within 120 feet of a residential zone, a public park, public or parochial school, religious institution, cemetery, public museum, or the administrative or judicial offices of city, county, state or federal government. Off-premises billboard signs shall not exceed a height of 25 feet. No more than one off-premises sign may be erected or maintained per lot. However, two or more uses may erect a common off-premises directional sign. No off-premises sign shall be located closer than 300 feet to another off-premises sign. Burnsville The zoning ordinance for Burnsville, Minnesota deals extensively with billboards. Over two pages are devoted to billboards and other off-premises advertising signs in the Burnsville zoning ordinance. The main restrictions in the ordinance are: • Billboards and other off-premises advertising signs are permitted only in 1-1 and 1-2 (Industrial) districts and only where the adjacent streets are intermediate arterial or principal arterial roadways. • The maximum total sign area (face) may not exceed 750 square feet. • The maximum height to the uppermost portion of any advertising device shall be 45 feet. • No billboard or other off-premises advertising sign shall be constructed within 155 feet of an entrance or exit ramp on any intermediate arterial or principal arterial highway or within 150 feet of the intersection of the nearest right-of-way lines of any other class of street. No billboard shall be constructed within 150 feet from any intersection. • Billboards and other off-premises signs may not be illuminated between the hours of 12:00 o'clock midnight and 6:00 a.m. • Billboards and other off-premises signs are a principal use of property, therefore, a billboard shall not be erected on the same lot with a building, and billboards shall be removed from a lot before any other building or structure is erected on the lot. The Burnsville regulations regarding billboard requirements is stricter than most cities, however, it shows how a local government can control billboards through zoning. 3 Table 1. City Zones Permitting Total Sign Face Maximum Billboards Area Height Ames A-1, G-C, C-C, P-C, 300 ft.2 50 ft. G-1, P-1 Iowa City All except CO-1 , 144 ft.2 25 ft. CN-1 , CB-5, CB-10, ORP, RDP, and all residential Burnsville 1-1 , 1-2 750 ft.2 45 ft7:1 Table 1 shows a comparison of billboard regulations between the ordinances of Ames, Iowa City, and Burnsville. Both Iowa City and Burnsville ordinances are more restrictive than the Ames ordinance. Iowa City's ordinance is very restrictive on limiting the size of the signs, and less restrictive concerning the location of them. Burnsville, on the other hand, is less restrictive on the size of the signs, and very restrictive on the location of them. Iowa Department of Transportation The location of Highways 69, 30 and U.S. 35 inside or adjacent to the Ames city limits, prompts the need to be familiar with the Iowa Department of Transportation's regulations concerning billboards. The foundation for billboard control for the D.O.T. is Chapter 306C Division II (Billboard Control) of the Iowa Code. The main points of this chapter are listed below: • Advertising devices located within the adjacent area of primary highways shall not be erected or maintained closer to another advertising device facing the same direction than 100 feet if inside the corporate limits of a municipality. • Advertising devices shall not be erected, maintained, or illuminated in a manner to obscure or otherwise physically interfere with an official traffic sign, signal, or device or to obstruct or physically interfere with any driver's view of approaching, merging, or intersecting traffic. • Advertising devices shall not be erected, maintained, or illuminated unless effectively shielded to prevent light from being directed at any portion of the travelled highway with such intensity or brilliance as to cause glare to impair the vision of the driver of any motor vehicle. 4 • Advertising devices shall not be erected, maintained, or illuminated which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, except those giving public service information such as, but not limited to time, date, temperature, weather, news and similar information. Chapter 306C Division II also leaves the door open for local authorities to enact tougher regulations on billboard controls. It states, "The provisions of this division shall not prevent or restrict county or local zoning authorities within their respective jurisdictions from establishing standards imposing controls stricter than those required by this division." Conclusion Numerous court decisions have determined that it is all right for cities to impose fairly strict controls on billboards within the city limits. The basis for these regulations is to control aesthetics and safety. Cities such as Burnsville and Iowa City have imposed somewhat strict regulations concerning billboards. More and more cities are also adding billboard controls to their zoning ordinances. Plymouth, Minnesota, for example, is amending their zoning ordinance to include stricter sign regulations. After the examination of other cities, as well as the D.O.T.'s billboard requirements, it seems clear that the current regulations of the City of Ames do not effectively address billboard placement to a similar degree and thus a strengthening of billboard regulations might be needed. The City may want to adopt regulations to control billboards. This could be done in the following ways: 1 . Limit the size of the billboards; 2. Limit the zones in which billboards are permitted; or 3. A combination of both of these approaches. The City Council may want to amend the Zoning Ordinance to include billboard regulations. If so, they need to select one of the above regulatory options and direct staff to prepare an ordinance to restrict billboards. Attachment h\bpo\caf\memo.929 5 ! a --- __ ---- — - • ---------- xr 3st?Sa ifysi {t a� $MR, RAN '' -- *3�5 �e Phi xzxxtpzi 2 i$"3iicza��" r' is a dii x �}t ({�{ [� l#��£#�t{i�i s i}y� #$,{f}s [£ S33i{31ft1* i#3 � �E i1# i' - — — a —T- '{-• � i t EA ttii,: -- # 1 5i5 Ssi s{{y�`lit{{Ti [5; �ik t t t �i5 4k'i'f C {l �titi#� m � #�t}t��'�f #$c� k��`� ��rs ��i f? f�`��i�sit}��c t��{ •'+`+aa ii��fi�`�'u�t*3�t� .� .R ,}' c s { 4 fc F # tt f r RJ O �ZE CD • .5 {�ii 4 #4, f— W _____________ a rt) t t 'a tt � MIM`1'� i iy a 46 4 It �- iin � v r i r � S t 1 A � �L�✓�fGN��CaTR�.d.rpr.A"�H...ri....MN+RT+ ..11�++w., ,�.R. x•�y I . j ��' � w aMMr...LW a.. _ w-.3n+I w- ,�k;yA!�.o.,•Mn.MV�- s r Q :fit a:,N„, e.,, 'vr+a•`�+1� ,x:,, �,