HomeMy WebLinkAboutA002 - Memo to Mayor & Council dated February 22, 2018 CIT
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MEMO
ONS
To: Mayor Haila and City Council
Cc: Steve Schainker
Date: February 22, 2018
From: Sara Van Meeteren
Subject: SIDEWALK SIGNS IN THE CAMPUSTOWN SERVICE CENTER
(CSC) ZONE
On November 28, 2017, City Council referred a letter from the Campustown Action
Association (CAA) regarding signs that were allowed in the Downtown Service Center
Zone, but not the Campustown Service Center Zone.
The letter from CAA stemmed from a recent situation in which someone in the
Campustown area filed a complaint about sidewalk signs. As a result of the complaint,
Inspection staff required all property owners in the CSC to remove their sidewalk signs.
The area business owners would like the opportunity to place their signs within the
sidewalk in the same manner that businesses around Main Street, in the Downtown
Service Center, are allowed.
CURRENT CODE:
On May 10, 2011, the City Council adopted an ordinance that would allow temporary
portable sidewalk signs in the Downtown Service Center Zone. This was a result of
several months of collaboration with the Main Street Cultural District. At the beginning
of the process, it was noted that the proposed code changes would be effective only in
the Downtown Service Center Zone and not in all commercial areas. This would allow
staff some time to determine what positive and negative effects the new change might
have before applying it to more zones. The resulting code section states:
Sec. 21.134. Temporary Portable Signs on Public Sidewalks in DSC Permitted.
Notwithstanding any other provisions of this chapter, certain temporary portable
signs shall be allowed on public sidewalks within the Downtown Service Center
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(DSC) Zoning District, subject to the conditions and requirements hereinafter
provided. Any proprietor of a business establishment may use a portion of the
public sidewalk or parking strip, for the purpose of displaying one temporary
portable sign for such establishment. For purposes of this section "proprietor"
shall mean the owner or manager of a business establishment located in the
DSC. The displaying of a temporary portable sign as permitted by this section is
subject to the following restrictions:
The full code section with all requirements for sidewalk signs can be found in
Attachment A.
STAFF COMMENTS:
The existing code is very specific when it comes to temporary portable signs placed
on sidewalks. If permitted and enforced, these types of signs are helpful in
attracting pedestrian business. There have been no complaints from citizens
regarding the same type of signs in the Downtown Service Center and staff is not
aware of any negative impacts that this has had on the Downtown Service Center.
As we approach the end of our seventh year under this ordinance, it may be time to
look at extending it to other parts of the City, specifically the Campustown Service
Center Zone.
ATTACHMENT A
ORDINANCE NO. 4064
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW SECTION 21.134,
REPEALING SECTION 22.24A AND ENACTING A NEW SECTION
22.24A THEREOF, FOR THE PURPOSE OF PERMITTING CERTAIN
TEMPORARY PORTABLE SIGNS UPON THE PUBLIC SIDEWALKS
WITHIN THE DOWNTOWN SERVICE CENTER (DSC) ZONE;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section 21.134 as follows:
"Sec.21.134 Temporary Portable Signs on Public Sidewalks in DSC Permitted.
"Notwithstanding any other provisions of this chapter, certain temporary portable signs shall be allowed on
public sidewalks within the Downtown Service Center (DSC) Zoning District, subject to the conditions and
requirements hereinafter provided. Any proprietor of a business establishment may use a portion of the public
sidewalk or parking strip, for the purpose of displaying one temporary portable sign for such establishment. For
purposes of this section "proprietor" shall mean the owner or manager of a business establishment located in the
DSC. The displaying of a temporary portable sign as permitted by this section is subject to the following
restrictions:
(1) The portion of the public sidewalk that may be used by the proprietor of such business
establishment for the display of such signs is the area of the public sidewalk that extends from the storefront of the
establishment to the adjacent street curb and between the side property lines of the building in which the
establishment is located, as such side property lines are extended to the adjacent street curb.
(2) There must nevertheless be a minimum of four feet of unobstructed public sidewalk between such
storefront and the edge of the sign closest to the storefront, or between the edge of the sign closest to the street and
the inside edge of the street curb, in order to allow for the free passage of pedestrian traffic on the public sidewalk,
provided, however, that the city may, in granting a permit under this subsection, require more than four feet of
unobstructed public sidewalk clearance if, in the reasonable detemlination of the city, such additional clearance is
necessary in the interest of public safety, health, or welfare, in light of the peculiar circumstances involved with the
physical characteristics of the public sidewalk area in question; and provided, further, that all such temporary
portable signs must in all events maintain at least a two-foot setback from the outside edge of said sign to the inside
edge of the street curb.
(3) No such temporary movable sign shall be attached in any manner to the public sidewalk, or to any
public fixtures located on the public sidewalk, such as tables, chairs, or other fixtures, or on top of any temporary
elevations such as fill material or snowbanks.
(4) No such temporary sign shall exceed two and one half (2.5) feet in width and four (4) feet in
height in outer frame measurements, with such height measured from the natural grade of the sidewalk surface
adjacent to such establishment. No more than one such sign may be placed in front of any single store-front at any
one time, except that for store-fronts of buildings in which more than one business establishment is located one sign
per business establishment may be permitted. All such signs must be well-maintained and kept in good repair.
(5) No such temporary movable sign shall be illuminated internally or externally.
(6) By the closing time of such establishment each day or 10:00 o'clock P.M., whichever time is
earlier, each such sign shall be moved inside the building adjacent to which the sign is displayed, restoring the public
sidewalk to its normal condition as a pedestrian walkway.
(7) Before the proprietor of any such an establishment may lawfully place any such temporary sign on
the public sidewalk in front of such establishment, the proprietor shall file an application for a permit with the city
clerk of the city, on a form furnished by the city clerk, and shall pay a non-refundable annual permit fee therefor, in
such amount as shall be detemlined from time to time by resolution of the city council and listed in Appendix D. The
application and an accompanying diagram or site plan shall show:
G) the dimensions, including the length and width, of the public sidewalk and parking strip
that is adjacent to said establishment, as described in this subsection;
GO the four-foot area of unobstructed public sidewalk which is to be reserved for pedestrian
use, and the two-foot setback from the outside edge of said sign to the inside edge of the street curb;
(iii) the approximate location where the sign shall be positioned, and the size of said sign,
including its outer dimensions;
(iv) proof that the applicant holds a valid license or permit to operate the business
establishment;
(v) the written consent to the filing of said application from the owner of the building in
which such establishment is located, if the applicant is not the owner of the building;
(vi) proof of insurance and compliance with the indemnification requirements set forth in
subparagraph 15 of this subsection; and
(vii) such other information and documentation as the city may require in order to demonstrate
that the proprietor complies with the requirements of this subsection.
(8) The city clerk shall forward a copy of the proprietor's application, together with all other
information and documentation required in connection with said application, to the building official for review as to
compliance with the requirements of this subsection, and compliance with the interest of public safety, health, or
welfare. If the application is approved by the building official as being in compliance with the requirements of this
subsection, the city clerk shall issue a permit therefor to the applicant. If the application is not approved by the
building official, the city clerk shall notify the applicant of the reason or reasons the application was not approved.
The applicant shall be afforded a period of 30 days from the date of the city clerk's notice, within which to revise the
application in an effort to comply with the requirements of this subsection and to correct the reasons for denial
thereof. If the revised application is approved by the building official, the city clerk shall issue a permit. If the
revised application is not approved by the building official, the city clerk shall not issue a permit. In that event, the
applicant shall have a period of 20 days from the date of notice of denial to appeal the denial to the Building Board
of Appeals as provided in Municipal Code chapter 5, Division VI. The Building Board of Appeals shall conduct a
hearing on the appeal of the denial of the application within 30 days, and shall afford the applicant an opportunity to
present information in support of the application, and shall issue a decision to either approve the application, which
may be conditioned on one or more requirements, or to deny the application. The decision of the Building Board of
Appeals shall be final, and the building official shall take prompt action in accordance with the decision of the
Board.
(9) Any permit issued under this subsection shall be issued for a period of one-year, and may be
renewed upon the filing of an application by the proprietor for renewal of the permit before its expiration, and by
payment of the required annual fee. The application for renewal shall state whether or not any of the contents of the
original application are being revised, failing which the contents of the application for renewal shall be deemed to be
the same as contained in the original application.
(10) In the event that ownership of the business establishment holding the permit is sold, conveyed or
transferred to another person or entity, the permit shall not thereby be transferred, and the new owner shall be
required to file a new and separate application for such a permit, as provided in this subsection.
(11) The city reserves the right to limit the number of permits issued under this subsection if necessary
to maintain adequate pedestrian flow, to permit adequate access to building entrances, to safeguard pedestrian and
traffic safety, to preserve the aesthetic quality of the surrounding area, or for any other valid public purpose. The city
reserves the right to either deny an application which otherwise meets the requirements of this subsection, or to
require the proprietor to meet additional terms and conditions for issuance of a permit beyond the requirements set
forth in this subsection if, in the reasonable determination of the city, either granting the permit, or granting it
without such additional terms and conditions, would not adequately protect and preserve the rights, privileges, and
property of the city or its residents, or would not adequately protect or preserve the peace, safety, health, welfare,
comfort or convenience of the city's residents.
(12) The City Manager may order the immediate removal of any such temporary sign in the event such
sign is causing a hazard to public safety, health or welfare, is interfering with the unobstructed passage of
pedestrians, is unsightly in appearance, is interfering with the removal of ice and snow from the public sidewalks, or
for any other reason affecting public safety, health or welfare.
(13) A permit issued under this subsection shall be revoked by the city if the proprietor holding the
permit does any of the following:
(a) Fails to maintain a valid license or permit covering the establishment adjacent to
which the sign is located;
(b) Fails to remove the sign from the public right of way by the time required in this
subsection;
(c) Fails to pay the fee for issuance or renewal of the permit;
(d) Fails to operate in strict compliance with all of the provisions of this subsection, of all
other city ordinances, and of state law;or
(e) Creates or allows the existence of a safety hazard in connection with the placement of the
sign.
Upon occurrence of any of the events described in this subparagraph, the city clerk shall give the
proprietor of such establishment seven days' written notice of revocation of the permit, and the permit holder shall
thereupon immediately cease to place any such sign on the public sidewalk or parking strip adjacent to the
proprietor's establishment.
(14) The permit holder may appeal the revocation of the permit by written notice of appeal mailed or
delivered to the city clerk within ten days of the date of notice of revocation. The Building Board of Appeals shall
conduct a hearing within 30 days of the date of the notice of appeal. The permit holder shall be notified in writing of
the time and place of hearing thereon, and shall be afforded an opportunity to present information to the Board,
following which the Board shall issue a written decision within thirty days of the date of the hearing, either affirming
or reversing the revocation of the permit. The decision of the Building Board of Appeals is final. During the
pendency of the appeal, the permit holder shall not be allowed to place the sign on the public sidewalk.
(15) The city shall retain the right to terminate any permit granted under this subsection upon seven(7)
days' written notice, and may require the removal of the sign from the public sidewalk adjacent to an establishment,
if the city council, after due consideration, determines that there is a reasonable and substantial need for the use of
the public right-of-way being occupied by such sign, for a valid public purpose. The determination of the city
council shall be final, and there shall be no right of appeal from such decision.
(16) A permit for a temporary movable sign shall not be issued under this subsection unless the
applicant, at the time of filing an application for issuance or renewal of a permit, furnishes proof of insurance and
indemnification of the city that meets the following requirements:
(a) Comprehensive insurance coverage in the amount of $500,000.00 combined single limit, with
coverage at least as broad as the ISO Form Number CG0001, covering commercial general liability written on an
occurrence basis only, with the city to be named as an additional insured on the policy, with an endorsement to be
issued as part of the insurance policy evidencing compliance with this requirement, and with a copy of the current
insurance certificate maintained on file with the City Clerk; and
(b) An indemnification agreement on a form furnished by the City Clerk, under which the proprietor
agrees to indemnify and hold the city harmless from any liability for damages arising out of the placement of the
temporary movable sign in the public right-of-way. "
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 22.24A thereof and enacting a new Section 22.24A as follows:
Sec.22.24A. SIDEWALK CAFE PERMITS.
The purpose of this subsection is to set forth the conditions and requirements under which a sidewalk cafe, as
defined, may be permitted to operate by Sidewalk Cafe Permit on a public sidewalk within the City of Ames. The
fee for a Sidewalk Cafe Permit is listed in Appendix D.
(a) Definition. A sidewalk cafe is any group of tables and chairs, and its authorized decorative and
accessory devices, situated and maintained upon the public sidewalk for use in connection with ordering, purchasing
and consuming food and non-alcoholic beverages sold to the public from, or in, an adjoining indoor restaurant, or
other indoor business selling food for consumption on the premises.
(Ord. No. 3537, Sec. I, 9-28-99)
(b) Where Permissible. A sidewalk cafe shall be permitted only in zoning districts which allow
indoor restaurants, or other indoor business selling food for consumption on the premises, and then only if the
sidewalk cafe is contiguous to an indoor restaurant, or other indoor business selling food for consumption on the
premises, and the cafe's operation is incidental to and a part of the operation of such contiguous indoor restaurant, or
other indoor business selling food for consumption on the premises. A sidewalk cafe shall be located on the public
sidewalk immediately contiguous to and abutting the indoor restaurant, "or other indoor business selling food for
consumption on the premises, which operates the cafe, provided that the area in which the sidewalk cafe is located
extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant,
or other indoor business selling food for consumption on the premises, and all other applicable provisions of this
article are fulfilled.
(Ord.No.3537,Sec. 1, 9-28-99)
(c) Alcoholic Beverages and Smoking Prohibited. Service of alcoholic beverages, consumption of
alcoholic beverages,and smoking are prohibited at a sidewalk cafe,and a permittee shall enforce prohibition of such
conduct.
(d) Number of Sidewalk Cafes. An indoor restaurant, or other indoor business selling food for
consumption on the premises,shall be permitted to operate only one sidewalk cafe, and each sidewalk cafe shall be
confined to a single location on the sidewalk.
(Ord.No.3537,Sec. 1,9-28-99)
(e) Sidewalk Clearances. A sidewalk cafe shall be permitted only where the sidewalk is wide enough
to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A
sidewalk cafe shall not occupy more than 50 percent of the sidewalk's width at any point as measured from the curb,
and there shall be a minimum of four(4)feet of sidewalk width clear of obstructions.
(Ord.No.3437,Sec. 1, 5-27-97)
(f) Table and Chairs,Location and Requirements of Furniture. All tables and chairs comprising a
sidewalk cafe shall be set within the 50 percent of the sidewalk measured from the indoor restaurant,or other indoor
business selling food for consumption on the premises, building exterior wall,and shall not be situated within eight
feet of any designated bus stop,and 20 feet from any street intersection.
All outdoor dining furniture, including tables,chairs, umbrellas, and authorized accessory items, shall be
readily movable. "Readily movable" shall mean that no object as stated above, which is part of the sidewalk cafe,
shall be leaded,cemented, nailed,bolted,power riveted, screwed-in or affixed,even in a temporary manner;to either
the sidewalk on which the sidewalk cafe is placed,to the building, or to any other structure which the sidewalk cafe
abuts. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, fans, air
conditioners,amplified sound,or speakers are prohibited.
(Ord.No.3537,Sec. 1, 9-28-99)
(g) Signs shall not be allowed at any outdoor cafe, except for the name of the establishment on an
awning or umbrella fringe. Notwithstanding any provision of the Code to the contrary, however, within the
Downtown Service Center (DSC), temporary portable signs may be permitted at any outdoor cafe pursuant to a
permit issued as provided in Municipal Code Chapter 21.
(1) A proprietor of a business establishment located within the DSC who holds a valid Sidewalk
Cafe Permit issued pursuant to this section and who applies for a permit for a temporary portable sidewalk sign
permit for the same location shall be required to pay only one application fee for both permits, the applicable fee
being the one,if the fees are different,that is the greater of the two.
(2) A proprietor of a business establishment located within the DSC who holds a valid Sidewalk
Cafe Permit issued pursuant to this section and who applies for a permit for a temporary portable sidewalk sign
pemlit for the same location shall be required to maintain on file with the city clerk only one insurance certificate if
applicable to both permits.
(h) Reserved.
(i) Delineating Sidewalk Cafe Area. The sidewalk cafe shall be delineated by barriers separating
patrons from the pedestrian traffic on the sidewalk. The detailed requirements for each sidewalk cafe will be
determined as warranted. The barriers will be within the 50 percent of the sidewalk designated for the sidewalk
cafe,or to ensure a minimum of four(4)feet of sidewalk width clear of obstructions.
U) Food and Beverages. A sidewalk cafe shall serve only food and non-alcoholic beverages
prepared, or stocked for sale, at the adjoining indoor restaurant, or other indoor business selling food for
consumption on the premises.
(Ord.No.3537,Sec. 1, 9-28-99)
(k) Service Requirements. The outdoor preparation of food and busing, or service stations, are
prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is
prohibited. All exterior surfaces within the sidewalk cafe shall be easily cleanable, and shall be kept clean at all
times by the pennittee. Restroorns for the cafe shall be provided in the adjoining indoor restaurant, or other indoor
business selling food for consumption on the premises, and the cafe seating shall be counted in determining the
restroom requirements of the indoor restaurant, or other indoor business selling food for consumption on the
premises.
(Ord.No.3537,Sec. 1, 9-28-99)
(!) Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining
area, or on adjacent sidewalk areas, and the permittee shall remove all trash and litter as they accumulate. The
permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture,
and adjacent areas in a clean and safe condition.
(m) Days and Hours of Operation. Sidewalk cafes shall operate on days whenever fair weather
would enhance outdoor dining from the dates of April 1,to October 31,of the said given year that the Sidewalk Cafe
Permit was issued. The hours of operation are limited to between 7:00 a.m. and 11:00 p.m. Tables, chairs and all
other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at
night,and whenever the cafe is not in operation.
The City shall have the right and power, acting through the City Manager or his designee, to prohibit the
operation of a sidewalk cafe at any time because of anticipated or actual problems of conflicts in the use of the
sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar
events, parades or marches, repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the
area. To the extent possible, the permittee shall be given prior written notice of any time period during which the
operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not
affect the right and power of the City to prohibit the cafe's operation at any particular time.
(n) Findings and Conditions. In connection with granting approval for any Sidewalk Cafe Permit,
the City Manager shall make findings that the proposed operation meets the limitations of this subsection, and the
Manager may impose such conditions in granting approval as are needed to assure that the proposed operation will
meet the operating requirements and conditions set forth in this article, and to assure that the public safety and
welfare will be protected.
(o) Term and Renewal. A Sidewalk Cafe Permit shall be approved by the City Manager for a
maximum period of one year. Thereafter, the City Manager, if an extension application is filed prior to any
expiration date of the Sidewalk Cafe Permit, may extend the permit for additional periods, not to exceed one year
each, following review and approval of the cafe's operations. In the event the City Manager decides additional or
revised conditions are necessary, to which the applicant objects, or if the City Manager decides that the permit
should not be renewed at all, the application shall be referred to the City Council, which shall hold a public hearing
and thereafter decide the matter. The City Manager may make any renewal of a Sidewalk Cafe Permit subject to
additional and revised conditions and requirements. Any renewal granted by the City Manager shall not exceed a
period of one year. All applications shall be filed with the City Clerk, who shall refer them to the City Manager.
The City Clerk shall maintain the records of permits issued,denied,or revoked.
(p) Revocation. A Sidewalk Cafe Permit may be revoked by the City Manager, following notice to
the permittee and a hearing, upon a finding that one or more conditions of the permit or of this article have been
violated,or that the sidewalk cafe is being operated in a manner which constitutes a nuisance,or that the operation of
the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe.
(Ord. 3125, 4-9-91)
(q) Insurance.An insurance certificate naming the City of Ames, its officers, and employees as an
additional insured with comprehensive general liability limits in the amount of$500,000 combined single limit shall
be in full force and effect during the life of a Sidewalk Cafe Permit. The coverage shall be at least as broad as the ISO
Form Number CG0001 covering commercial general liability written on an occurrence basis only.A copy of the
current insurance certificate shall be maintained on file with the City Clerk.
(Ord. No.3968, 9-9-08)
Section Three. Violation of the prov1s10ns of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Four. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Five. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this IC' day of May .2011.
Diane R.Voss,City Clerk Ann H.Campbell,Mayor