HomeMy WebLinkAboutA001 - Council Action Form dated February 26, 2013 ITEM # 28
DATE: 02-26-13
COUNCIL ACTION FORM
SUBJECT: SIGN CODE MODIFICATIONS
BACKGROUND:
In November staff reported to Council on several "clean-up" concerns that existed in the
Sign Code, as well as an issue related to the removal of sign structures. Staff was
seeking clarification regarding how to deal with sign structures that (1) had no sign face
when a business was no longer in existence or (2) remained in existence when the
building was already demolished.
Rather than approve the ordinance that was presented for consideration on
January 8t", the City Council directed staff to prepare a modification to the sign
requirements stating that, in the event a business closes and the primary building
is demolished, the sign structure on that premises must also be taken down. This
change also specifies that a sign structure must always have a lawfully permitted
sign or a blank panel of a solid color in its frame. In other words, the frame or
electrical elements of the sign structure cannot remain exposed.
The remainder of the ordinance was to be unchanged from that which was
presented to the City Council on January 8t". Those changes are outlined below:
Several of the corrections are necessary because the Sign Code was moved out of
Chapter 5 and into its own chapter in 2010. Some references to Chapter 5 need to be
amended to reflect the correct chapter.
In 1997, the City removed an exception for public, educational, charitable, fraternal or
religious signs in response to an Iowa Attorney General's opinion that such exceptions
violated "content neutrality" and could therefore be ruled unconstitutional if challenged in
a court of law. This proposed ordinance would remove additional references that should
have also been removed at that time.
It should be noted that, until 2010, a Sign Code violation was charged with a $500 fine.
Because the fine schedule does not currently refer to the correct chapter, a violation of
the Sign Code has been charged on the standard municipal infraction schedule ($30 per
violation). In correcting the reference to its original intent, a violation of the Sign
Code would revert to its original fine of$500 per violation.
Council may recall that it directed staff to address electronic signs in addition to the
Code clean up. Staff intends to bring recommendations on electronic signs in a
separate report at a later date.
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A summary of the changes identified by staff is below:
SECTION MODIFICATION
21.113 Requires removal of a sign structure if the building is razed; also requires
installation of a blank panel or a legal sign in all sign structures.
21.114 Updates the name of the S-HM zone
21.115 Eliminates permitting exemptions for public, educational, charitable,
fraternal or religious signs and for political signs. (Note: Political signs will
remain exempt as "temporary signs')
21.121 Updates the name of the S-HM zone, removes a section allowing
temporary political signs (Note: Temporary political signs remain allowed
under the "temporary signs"criterion)
21.123 Changes a Code reference to the correct chapter
21.128 Changes an ordinance citation to the correct ordinance number
21.129 Changes Code references to the correct chapter
21.130 Clarifies that appeals are handled by the Building Board of Appeals
Appendix N Corrects the titles of Chapters 5 and 21.
ALTERNATIVES:
1 a. Approve on first reading the proposed modifications to Municipal Code Chapter 21
b. Approve on first reading the proposed modifications to Municipal Code Appendix N
relating to the titles of Chapters 5 and 21.
2. Do not approve changes to the Sign Code.
MANAGER'S RECOMMENDED ACTION:
These modifications will help clarify the Code for both staff and customers by correcting
several internal references and improving the understanding of when a sign or sign
structure must be taken down.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving on first reading the proposed modifications to
Municipal Code Chapter 21 and the proposed modifications to Municipal Code
Appendix N relating to the titles of Chapters 5 and 21.
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