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HomeMy WebLinkAboutA021 - Hearing on proposed Zoning Text Amendment modifying Billboard standards and creating new Digital Display standardsITEM #:27 DATE:04-22-25 DEPT:P&H SUBJECT:AMENDMENT TO ZONING ORDINANCE MODIFYING BILLBOARD STANDARDS AND CREATING NEW DIGITAL DISPLAY STANDARDS COUNCIL ACTION FORM BACKGROUND: City Council first considered the concept of leasing land for a digital billboard along Highway 30 as part of the update on the Linc project located along Lincoln Way in October 2022. At that time, the developer noted that for the Linc to proceed, the two billboards located on the site would need to be removed and that the billboard owner, Lamar Advertising, would consider ending their leases early if a suitable alternative could be found. Lamar representatives indicated that a digital billboard--which does not currently exist within Ames-- with a potential location along Highway 30 would be a desirable alternative. City Council determined that a site on City controlled land could be beneficial in relation to the request. Specially, land owned by the City along Highway 30 and Billy Sunday Road could be suitable. Council reviewed a draft lease for the site at their February 11, 2025 meeting. In order to consider leasing the proposed location, the digital billboard zoning standards would need to be modified. On February 11, the City Council initiated a zoning text amendment to modify the billboard standards and create standards for digital billboards. Currently the City regulates Billboards through zoning standards of Section 29.409. A billboard is distinguished from a regular sign allowance as a specific use for advertising offsite products or services. On-site signage is considered accessory to the use on-site. The current standards include placement of billboards, message area, heights, setbacks, lighting, support structure, and landscaping standards. Billboards are only permitted in HOC, GI, PI and Agricultural zones. Billboards are prohibited in all other zones and within 600 feet of the boundary of a zone in which billboards are prohibited. Additional placement restrictions include a 250-foot restriction from any part of interchanges with Interstate 35 and Highway 30 and 600 feet from another billboard. Illumination of a billboard after 10 p.m. is prohibited, unless by downward directed lights. See attached map for current allowed areas. ZONING TEXT AMENDMENT: Two primary features of the billboard regulations need to be modified to allow for proposed size and illumination. The current 300 square foot allowance is below common industry standards of billboards. Lamar Advertising's interest in a digital billboard relates to the 672 square foot "Bulletin" size. Allowing LEDs as the lighting source, which are not directed downwards, and allows for the billboard to be lit continually and not be shut off after 10 p.m. The LED display has a proposed illumination control that requires ambient sensors to reduce light levels during nighttime hours compared to daytime hours. Staff also proposes a standard for measuring the intensity of lighting which is measured in "nits," which is a standard measurement of luminous intensity equal to one candela per square meter of surface area. This the most direct way to measure 1 intensity, but does require special equipment. Alternative options are to use a more common area measurement that is usually used for something like a street light, which is easier to measure, but has lower correlation to intensity of lighting. The following is summary of proposed standards: 1. Location of Digital Billboard limited to Hwy 30 frontage for commercial property 2. Increased size allowance for digital billboards up to 672 square feet 3. Prohibition when abutting property with residential zoning 4. Light controls for automatic dimming based upon ambient conditions 5. Maximum brightness levels of the digital display at 250 nits in the evening 6. Maximum height of 50 feet 7. Separation distance of 1000 feet from another billboard for a digital display 8. A minimum of two nonconforming billboards with a message area totaling at least 400 square feet must be removed to permit approval of a digital display. PLANNING AND ZONING COMMISSION: The Commission reviewed a preliminary draft of the ordinance on April 2. Staff provided an overview of size, location, and lighting issues related to the digital billboards. The Commission questions focused on the areas that they would be permitted, clarification of the lighting standards, removal of nonconforming billboards, and the size. Concerns were expressed about how many could be permitted and how bright the lighting may appear. The Commission voted 5-1 to recommend approval of the changes. Since the meeting with the Commission, staff has refined the ordinance. One notable issue that has been updated in response to the Commission discuss was the reference to removing nonconforming billboards and the amount of sign area required to have a new approval. Originally it was required to remove two billboards with a sign area at a one to one ratio, meaning 672 square feet. Staff researched this requirement further and because current limitations are 200 square feet, the requirement would likely require four billboards to be removed rather than two. Staff modified the attached draft ordinance to require 400 square feet rather than 672 square feet of sign area be removed to receive approval for a new digital display. ALTERNATIVES: 1. Approve the attached ordinance on first reading. 2. Modify the proposed ordinance and approve on first reading. 3. Refer this item back to staff for more information and take no action to approve the ordinance. 4. Deny the text amendment. CITY MANAGER'S RECOMMENDED ACTION: 2 CITY MANAGER'S RECOMMENDED ACTION: The proposed change will allow for a new type of billboard within Ames in limited locations along Highway 30. The proposed standards will allow for billboards very similar to the two high profile billboards in Des Moines near the northeast mixmaster of the I-80/I-235/I-35 interchange (one is on the east side of 235 and the other is on the south side of I-35). The proposed standards address concerns about nuisance factors of lighting with automatic lighting controls and potential proliferation of billboard with the removal requirements and spacing standards. Therefore, it is the recommendation of the City Manager to approve Alternative #1, as described above. ATTACHMENT(S): Billboard Zoning Map.pdf DRAFT Ordinance for Billboards and Digital Displays.pdf 3 """ """ " " " " "" " "" "" ^_City Prope rty Lo cationAIRPORT RD E 13TH ST E LINCOLN WAY DAYTON AVE 580TH AVE W 190TH ST 180TH ST E 190TH ST 190TH ST 220TH ST 510TH AVE N DAYTON AVE N 500TH AVE GEORGE W CARVER AVE500TH AVE 580TH AVE N 500TH AVE N 500TH AVE N 500TH AVE 580TH AVE 580TH AVE £¤69 £¤69 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 §¨¦35 Ü Zoning Map with Billboard Site Options Curren t allowed Billboard L oca tion s New Allowed Location for Digital Billboa rd and regualr bilboards 4 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.201(28), REPEALING SECTION 29.409 AND ENACTING A NEW SECTION 29.1319 THEREOF, FOR THE PURPOSE OF ESTABLISHING REQUIREMENTS FOR OUTDOOR ADVERTISING DISPLAYS AND BILLBOARDS, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT 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 amending Section 29.201(28), repealing Section 29.409, and enacting a new Section 29.1319 as follows: “Sec. 29.201. DEFINITIONS. Except as otherwise defined in this Ordinance or unless the context may otherwise require, the following words are defined for the purpose of this Ordinance as follows: … (28) Billboard means a fabricated surface or devise located outdoors that is used or intended to be used in the business of displaying messages in exchange for a rental payment fee. Billboards and Outdoor Advertising Displays mean a fabricated surface or device, including support structure, located outdoors that is used or intended to be used in the business of displaying messages for services, activities, goods, or other information that is not related to activities located on the site of the display. … Sec. 29.412. BILLBOARDS. (REPEALED) (1) Locations Limited. (a) Billboards are permitted in only the following Zones: Highway-Oriented Commercial (HOC), General Industrial (IGI), Planned Industrial (IP), and Agricultural (A). (b) Location of a Billboard within 600 feet of the boundary of a Zone in which Billboards are not permitted is prohibited. (c) Billboards are prohibited within 250 feet of any part of any roadway interchange with either Interstate Highway 35 or U.S. Highway 30. (d) No Billboard shall be located nearer than 600 feet to any other Billboard. (2) Message Area. The area of either side of a Billboard that displays a message shall not exceed 200 square feet, and, a Billboard shall not have more than two sides for the display of messages. However, the area of a message display side may be as much as 300 square feet if the Billboard is located in a corridor lying 300 feet on either side of the right-of-way of U.S. Highway 30. (3) Monopole Required. All Billboards shall be erected on a single steel monopole. (4) Landscaping. Landscaping that enhances the site of the Billboard, and the area surrounding the Billboard, shall be established, and maintained at the base of each Billboard by the party in control of the Billboard, except for Billboards located in the Agricultural (A) Zone. (5) Height Limit. A Billboard shall not exceed 50 feet from the base of the monopole to the top of the Billboard's highest part. 5 (6) Setback Required. A Billboard shall not be located nearer to any point in the boundary of the lot on which the Billboard is located than the number of feet in the vertical dimension of the Billboard determined as stated in subsection E above. (7) Lighting Restricted. A Billboard shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. by lights directed upwards. Illumination by lights directed downward is not subject to a time limit. (8) One Per Lot. More than one Billboard on a single lot is prohibited. (9) Billboards shall be subject to the provisions of Municipal Code Chapters 5 and 7 (Building Code and Electrical Regulations, respectively), and other applicable provisions of this Ordinance. When there is a conflict between a provision of said regulations and a provision of this Section, the more restrictive provision shall control. (Ord. No. 4516, 01-09-24) … Sec. 29.1319. Billboards and Outdoor Advertising Displays. (1) Locations Limited. (a) Billboards are permitted in only the following Zones: Highway-Oriented Commercial (HOC), General Industrial (GI), Planned Industrial (PI), and Agricultural (A). Billboards are considered a second principal use of a property and may be established consistent with this ordinance regardless of any other principal uses of the property. Billboards require approval of a Site Development Plan or Zoning Permit as establishing a use on the site. (b) Location of a Billboard within 600 feet of the boundary of a Zone in which Billboards are not permitted is prohibited, excluding S-GA. Billboards on state designated Scenic Byways of the Lincoln Highway and Jefferson Highway are prohibited. (c) Billboards are prohibited within 250 feet of any part of any roadway interchange with either Interstate Highway 35 or U.S. Highway 30 as defined by Iowa DOT. (d) No Billboard shall be located nearer than 600 feet to any other Billboard. (2) Message Area. The area of either side of a Billboard that displays a message shall not exceed 200 square feet, and, a Billboard shall not have more than two sides for the display of messages. However, the area of a message display side may be as much as 300 square feet if the Billboard is located in a corridor lying 300 feet on either side of the right-of-way of U.S. Highway 30. Digital Displays approved per subsection 10 below are not subject to this subsection. (3) Monopole Required. All Billboards shall be erected on a single steel monopole. (4) Landscaping. Landscaping that enhances the site of the Billboard, and the area surrounding the Billboard, shall be established, and maintained at the base of each Billboard by the party in control of the Billboard, except for Billboards located in the Agricultural (A) Zone. The construction of a Billboard does not require site, yard, or parking lot landscaping that would otherwise apply to development of a site. Construction of a Billboard does not reduce or remove any required landscaping requirements for a property related to the site, parking, or yard requirements for any other use of the site or improvements to the site. (5) Height Limit. A Billboard shall not exceed 50 feet from the base of the monopole to the top of the Billboard's highest part. (6) Setback Required. All parts of the Billboard shall meet the principal building setbacks of the underlying zone, except in no case shall the setback be less than 20 feet. (7) Lighting Restricted. A Billboard shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m., except by external lights directed downward is not subject to a time limit. Digital Displays approved per Section 10 are not subject to this section. (8) One Per Lot. More than one Billboard on a single lot is prohibited. (9) Other Requirements. Billboards shall be subject to the provisions of Municipal Code Chapters 5 and 7 (Building Code and Electrical Regulations, respectively), and other applicable provisions of this Ordinance. When there is a conflict between a provision of said regulations and a provision of this Section, the more restrictive provision shall control. 6 (10) Digital Displays. Digital Displays are Billboards with internal illumination of the message area by LEDs. No existing Billboard may be converted to a Digital Display without compliance with this section. Digital Displays are only permitted along a Limited Access Highway of Highway 30 or Interstate 35 for a property zoned HOC, GI or PI that abuts such a Highway and is subject to the other standards for Billboards. (a) Newly constructed Digital Display Billboards may be authorized by the Planning and Housing Director through approval of a Minor Site Development Plan subject to conformance to all standards of this Ordinance, excepting subsection 7 of this Section, and the following criteria: (i) Two or more existing Billboards located at nonconforming locations of Section 1(a) or (b) that are at least a total of 400 square feet of display size have been removed within the prior six months of applying for a new Billboard, with no approval for replacing the removed Billboards, or will be removed prior to the construction of a new Digital Display with no replacement Billboards. The Planning Director may grant up to one six-month extension for removal. (ii) The size of the display shall not exceed 672 square feet, and each Billboard shall have no more than two displays (one for each direction). (iii) Separation of 1,000 feet from another Billboard of any type. (iv) Digital Displays shall not be animated or create the appearance of animation for each advertising segment or “flip” of the message to another message. Message displays shall be for a minimum of eight seconds and conform to all Department of Transportation requirements for a Billboard. (v) The Digital Display shall be an LED design operated with automatic lighting controls and photo sensors to limit illuminance and brightness to compatible levels. Excessive brightness and illuminance at any time of day is a violation of the Code. Brightness of light emitted shall not exceed a maximum of 250 NITS as measured at the sign face during evening and nighttime hours from dusk to dawn when sign is in an all-white condition. Prior to operation of the Digital Display, a report of calibration of the display to these standards shall be provided to the Planning Director. (vi) Once approved, the Digital Display is not subject to the outdoor lighting code standards of Article IV. However, the Digital Display shall be maintained and operated in accordance with all requirements of this section. Any bonafide complaint to City staff of excessive brightness or illuminance in relation to area within 1320 linear feet of the display shall require a response by the operator within 30 days of notice to provide information related to the calibration and maintenance of the Billboard. Additionally, City staff may require a test of the sign face at an agreed upon time with the operator using an appropriately calibrated light meter (NIT Gun) to determine compliance with the 250 NIT standard. (vii) Any application for a Billboard shall include all information required for a Site Development Plan and supplemental information needed to review the proposed Billboard display. (11) Conformance. No Billboard can be modified without conforming to this section, including conforming with the standards for size, structural support, lighting, and illumination of the message area. Any Billboard lawfully existing prior to May 1, 2000, that does not comply with the use or design standards is nonconforming and subject to limitations of Article III for use. However, no increase in intensity of the nonconforming use or design shall be permitted or specially permitted, that includes a change of message display area or its illumination.” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. 7 Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2025. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 8