#2 Public hearing and action to amend sign ordinance (File Ord. #2010-468)Community Development Department Memorandum
Date: December 29, 2010
TO: Janesville City Council
FROM: Gale S. Price, AICP, Building & Development Services Manager
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
amending Chapter 14 (Signs) of the Code of General Ordinances of the
City of Janesville with regard to on-premise wall signs in Sign District D
and the designation of street frontages for allowing such signs (File
Ordinance No. 2010-468)
_____________________________________________________________________
SUMMARY
The Community Development Department has drafted an amendment to the Sign
Ordinance which is Chapter 14 of the Code of General Ordinances to allow wall signs
on the rear of a building in certain situations in Sign District D, which is the Downtown
sign district area. Currently the Ordinance only allows rear wall signs along the
Downtown Parking Plaza. The proposed ordinance would allow rear wall signage along
the riverfront walkway between Centerway and Racine Street. Staff believes that the
proposed sign ordinance amendment advances the recommendations of the
Comprehensive Plan and the Downtown Vision and strategy by allowing signage to face
the Rock River for businesses that back up to the riverfront walkway.
DEPARTMENT RECOMMENDATION
The Community Development Department recommends that following the closure of the
public hearing, the City Council support a motion to adopt Ordinance No. 2010-468
amending Chapter 14 (Signs) of the Code of General Ordinances of the City of
Janesville with regard to on-premise wall signs in Sign District D and the designation of
street frontages for allowing such signs.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
Motion to adopt Ordinance No. 2010-468 amending Chapter 14 (Signs) of the Code of
General Ordinances of the City of Janesville with regard to on-premise wall signs in
Sign District D and the designation of street frontages for allowing such signs.
ANALYSIS
A. The existing Sign Ordinance generally prohibits locating signs on the rear walls
of commercial properties that do not face a public street, in all sign districts. This
was generally done to prevent the over signing of commercial properties and to
diminish the likelihood that signage would be placed on a commercial building
that would negatively affect a residential property which in many cases would be
located at the rear of a commercial property. Such signs can detract
aesthetically when a transition between land use activities is intended to be
achieved.
B. The Sign Ordinance currently has one exception to the prohibition of rear wall
signs, which is specifically permitted in Sign District D (downtown sign district)
and allows wall signs on a rear wall for those properties facing the Downtown
Parking Plaza. Signs are allowed to face the plaza since it is anticipated that
many customers would park on the Plaza and walk to their destination through a
rear door. Without signage the customer does not often know where to enter the
business they wish to patronize.
C. Staff was recently approached by a downtown tavern owner who constructed a
patio/deck area to their facility which overlooks the Rock River. The owner
wanted to erect an awning on the rear portion of the deck that had been
constructed, but the graphics on the awning exceed 25 percent of the face of the
awning, which would classify the awning as a sign and therefore be prohibited
because the Sign Ordinance would not permit a wall sign on the rear of the
tavern.
D. Both the Comprehensive Plan and the Downtown Vision and Strategy Plan
include policies and recommendations to promote connection to the river and
make improvements to businesses facing the river. Specifically the
Comprehensive Plan states that the City should “showcase the Rock River
through encouraging development of commercial and entertainment uses with
frontage on or views of the River in appropriate locations”. The Downtown Vision
recommends “rear façade renovations with improvements oriented to the Rock
River”. The development of the patio facing the river at the rear of the tavern is
consistent with both of these plan recommendations. Signage for these
businesses is an important component of orienting facades towards the river
activity.
E. The proposed amendment would allow signage along the downtown riverfront
walkway between Centerway and Racine Street only since this is generally
where businesses will be facing the Rock River and where pedestrian activity is
anticipated in the near term. The amendment will not increase signage for a
building but allow additional signage on the rear facing the Rock River. The
signage for the structure is based on 2.5 square feet of signage for each linear
foot of building frontage. The code allows the signage to be spread out over the
building, but historically has not permitted the signage on the rear. After approval
the overall square footage could be spread on all facades for buildings fronting
on the river.
COMPARABLE CITIES
In relation to the comparable cities, Janesville is the only city to prohibit rear wall
signage on commercial buildings. All other sign codes for the comparable cities allow
signage to be placed on a rear wall elevation. Although Janesville is unique to prohibit
the rear wall signage, Staff is reluctant to completely repeal the ban. Staff believes it is
reasonable to reduce the restriction along the riverfront walkway only and to allow
signage in this area only along the rear walls of commercial buildings.
PLAN COMMISSION MINUTES – 20 DECEMBER 2010
Public Hearing, Amendment to Chapter 14 (Signs) of the Code of General Ordinances
of the City of Janesville with regard to on-premise wall signs in Sign District D and the
designation of street frontages for allowing such signs.
Gale Price, Building & Development Services Manager, presented the written staff
report.
Commissioner Helgerson asked if the amendment would have any effect on public art
such as the artwork that has been placed on properties along the river. Price indicated
that there is a distinction between commercial advertising/messages and art work. He
added that art work doesn’t normally contain commercial messages, copyrights or
registered trademarks so staff has the discretion to work with property owners regarding
art work. There are future plans for art work near the library along the river.
Commissioner Werner asked if there was an opportunity for these signs to be permitted
through the conditional use permit process. Price answered that the ordinance was
currently drafted in a way that did not require conditional use permit approval because
staff felt that requests needed to be considered as a matter of right since there are
policies in both the Comprehensive Plan and Downtown Vision & Strategy promoting
this type of signage. He continued that staff felt adding an additional level of review
wasn’t necessary because there were other provisions (such as overall sign area
limitations) that will help in regulating the signs.
Chairperson Zolidis asked if there was anything in the works to regulate the design of
the signs and Price stated that no specific design criteria was being proposed but that
there was a movement to implement a Downtown Historic Overlay District that, if
approved, would require anything exterior requiring a building permit to be reviewed by
the Historic Commission. The Downtown Historic Overlay District, therefore, would give
the Historic Commission authority to review any sign proposals within that overlay
boundary.
The public hearing was opened and no one appeared to speak regarding this item.
The public hearing was closed.
There was a motion by Commissioner Helgerson with a second by Commissioner
Hanewold to forward the proposed ordinance amendment to the City Council with a
favorable recommendation.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
Staff anticipates no fiscal impact with regards to the code amendment. The processing
of additional sign permits is anticipated to be limited due to the limited area affected by
the code amendment.
ORDINANCE NO. 2010-468
An ordinance amending the City’s Sign Code with regard to on premise wall signs in Sign
District D and the designation of street frontages for allowing such signs as set forth in JGO
Chapter 14, with penalties for violations thereof as set forth as applicable in JGO 14.48.050.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 14.28.120 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“14.28.120 District D--On-premises signs permitted
. In sign overlay district
D, the following on-premises signs are permitted:
A
. One freestanding ground sign may be permitted for each parcel of land,
provided sufficient setback from the street right-of-way is provided so as not to cause
encroachment into the right-of-way.
1
. Such ground sign shall not extend above a total height of twenty
feet above grade.
2
. The maximum area of any ground sign shall not exceed
seventy-five square feet per face.
B
. One under-canopy sign per business occupancy may be permitted,
provided each sign shall not exceed ten square feet in area and shall have a clearance
of nine feet between the bottom of the sign and the ground beneath it. Under-canopy
signs may only be placed above pedestrian walks.
C
. One wall sign may be permitted for each street frontage or each separate
business occupancy. For the purposes of this chapter, the downtown parking plaza and
the riverfront public walkway between Centerway and West Racine Street shall be
considered a street frontage. Such signs comply with the following regulations:
1
. The maximum area of all wall signs shall not exceed an area equal
to two and one-half square feet for each lineal front foot of building or that portion of a
building devoted to a business occupancy.
2.
Such signs shall not extend above the roof line.
3
. No wall sign shall be positioned on the building elevation facing a
non-street rear lot line of the parcel upon which the building is located, except where
such building adjoins the downtown parking plaza or the riverfront public walkway
between Centerway and West Racine Street.
4.
No wall sign shall be positioned on a building elevation directly
adjoining a residential zone district.
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SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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