#2 Public hearing and action to allow electronic message signs in District E (File Ord. #2011-494)
Community Development Department Memorandum
Date: September 12, 2011
TO: Janesville City Council
FROM: Vicky Miller, Development Specialist
SUBJECT: Second reading, public hearing, and action on a proposed ordinance amending
the City’s Sign Code to allow electronic message signs within Sign District E
under specific situations and if approved by the Plan Commission through a
conditional sign permit (Ordinance No. 2011-494).
_____________________________________________________________________
SUMMARY
The Community Development Department has drafted an Ordinance to amend Chapter 14,
Signs, in order to allow electronic message signs in Sign District E. Staff drafted the
amendment at the request Council Members Steeber and McDonald to amend the Sign Code.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that following a
public hearing, the City Council support a motion to adopt Revised Ordinance No. 2011-494
amending the Sign Code to allow electronic message signs in Sign District E.
CITY MANAGER’S RECOMMENDATION
I am supportive of the provision to limit the distance from electronic message signs and
residential neighborhoods. Hopefully this amendment will balance that protection and the
ability for Rotary Gardens and potential other public facilities and parks to have this capability.
SUGGESTED MOTION
A motion to adopt Revised Ordinance No. 2011-494 amending the Sign Code to allow
electronic message signs in Sign District E.
ANALYSIS
A. In January of this year, Staff received a request from JNB Signs, on behalf of
Janesville Morning Rotary Club to install a new monument style ground sign with an
electronic message center (EMC) at 1455 Palmer Drive (Rotary Botanical Gardens)
The property is zoned C, Conservancy District and is located in Sign District E.
Currently the Sign Ordinance (Chapter 14) prohibits electronic message centers
(EMC’s) in this district; therefore, applications for conditional use review and sign
permits could not be accepted. Staff researched various options and believes that the
only viable method for allowing the sign would be to pursue an amendment to the sign
code (see Exhibit A). Council Members Steeber and McDonald requested that staff
initiate a text amendment.
B. The Sign Code establishes five Sign Districts:
District A includes properties near Interstate 39/90.
District B includes properties located along major business corridors, such as Milton
Avenue, Center Avenue, West Court Street, North Parker Drive and Racine Street.
District C includes other commercial areas within the city which are not in Districts A
or B and which are zoned Business, Office or Industrial. Examples of applicable
locations would be along portions of East Milwaukee Street, Memorial Drive and North
Washington Street.
District D includes the downtown area.
District E includes all other remaining areas of the city. These properties are not
located along a state highway or zoned for business and office uses. District E
consists of residential and conservancy zoned lands that accommodate housing, city
parks, greenbelts and open space areas. Allowable signage in District E is the most
restrictive of all of the sign districts since it is primarily residential in nature, but may
also include churches, schools, golf courses and outdoor recreational facilities. (Note:
Churches are exempt under Federal law and upon determination by the City Attorney;
therefore, they do not need conditional sign permit approval in order to install an EMC.)
C. Currently EMC’s are eligible for placement in all sign districts except District E. EMC
proposals (except churches) require conditional use review by the Plan Commission.
Owners of properties located in District E (including Rotary Gardens) cannot apply for
conditional use review. The Rotary Garden’s site is owned by the City, leased by
Rotary Gardens and located in a sign district where EMC’s are strictly prohibited.
In drafting the amendment, Staff was particularly concerned about what the overall
impact on residential districts would be throughout the city if EMC’s were listed as
eligible signs in District E. Currently the sign code protects residential neighborhoods
in this district from the installation of commercially oriented signs and their operations.
However, there are also certain land uses and activities that exist in District E, whereby
the use of electronic signs may benefit the community. (For example, the sign at
Rotary Gardens would announce upcoming events taking place at the center.) In order
to find balance between these competing measures, Staff drafted the proposed
amendment to include a minimum “500 foot” separation requirement between
residential uses and placement of EMC’s in District E.
D. Although Staff believes that EMC’s have become part of the accepted and/or expected
urban landscape, we believe that it is necessary to restrict the distance between EMC’s
and residential uses in District E in order to maintain the integrity of residential districts,
neighborhoods and public open space areas. A specific provision has been inserted
into the sign code amendment to ensure this is properly addressed. The amendment
proposes there be a minimum distance of 500 feet between an EMC and any
residence along the adjoining street corridor. The 500 foot separation would
significantly limit eligibility of EMC’s in District E and restrict their placement to
locations which are well removed from surrounding residential buildings and land uses.
st
At the Plan Commission meeting held on August 1, Commissioner Consigny
requested clarification of how the proposed 500 feet would be measured. In response,
Staff has revised the amendment (Exhibit A) to read as follows:
“Electronic Message signs may be allowed in Sign Districts A, B, C and D upon the
review and approval of a conditional sign permit by the Plan Commission as provided
in Section 14.48.015 of this chapter. Electronic Message signs located on premise
may be allowed in Sign District E only if the sign is oriented to traffic on the adjoining
street and is located at least 500 feet from a residential principal building as measured
perpendicular to each sign face along the adjoining street and upon approval of a
conditional sign permit by the Plan Commission.
Exhibits B and C illustrates Rotary Garden’s proposal to install a new monument
ground sign in front of the main building. Under the code amendment requirements,
the sign must be positioned perpendicular to the street in order to be oriented to traffic
along Palmer Drive. There are no residences within 500 feet of the sign; therefore, the
separation requirement would be met. The design, suitability and size of the sign are
issues which would be considered by the Plan Commission at a future date if the
proposed amendment is approved and if Rotary Gardens submits a conditional sign
permit application. In that case, a public hearing will be held and the Plan Commission
will review the characteristics of the sign against ordinance standards, including the
appropriateness of an EMC in the garden setting. The Plan Commission also has the
authority to impose more restrictive conditions if deemed necessary and to grant
variances through the conditional use process. (As currently designed, Rotary
Garden’s sign would require a variance for the size.)
An EMC is not currently being proposed for Parker High School (Exhibit D); however,
the property is located in District E and it would potentially be eligible under the
proposed code amendment requirements. The sign would have to be positioned
perpendicular to Mineral Point Avenue and 500 feet from any residential building along
either side of the street. At this point in time, the land across the street from Parker
High School is undeveloped, and the school property would be eligible to apply for an
EMC. In the future, the construction of a residential structure across from the school
would change the eligibility status, prohibiting the use of an EMC.
E. Staff is supporting the proposed amendment since the placement of EMC’s would be
subject to a 500 foot separation restriction and as drafted, would significantly reduce
the number of eligible properties. Since parks and greenbelts are owned by the City,
there is internal control over the placement of such signs on lands that could satisfy the
separation criteria. For instance, Staff has determined that the following properties
would be eligible for a conditional use review: Traxler Park, Rotary Gardens, Dawson
Field, the Youth Sports Facility and Parker High School. If the amendment is
approved, and a request is submitted for any of these properties, each would be
reviewed by Staff and the Plan Commission based on the individual merits of the sign
and the property. The 500 foot separation requirement ensures that no residence
within the distance would be exposed to installation or operation of an electronic sign.
The Plan Commission would ultimately decide if an electronic message sign proposal
is appropriate through the conditional sign permit process.
PLAN COMMISSION ACTION – 15 AUGUST 2011
Vicky Miller, Development Specialist, presented the written staff report.
Commissioner Marklein asked why staff proposed this amendment rather than creating a new
district. Miller indicated that since Sign District E would include all remaining areas outside of the
other sign districts, there would be no need to create a new one.
Commissioner Marklein asked if Parker High School received approval for an electronic message
center and then a house was built across the street, would the sign be allowed to remain and
Miller confirmed that there would be no requirement for it to be removed.
Chairperson Voskuil asked if zoning drives the sign districts and Cherek responded that it does
not. Chairperson Voskuil asked how staff arrived at the 500 foot separation requirement and
Cherek responded that when looking at the overall City, 500 feet seemed to create a safe and
significant distance in separating a possible sign from a residence. Cherek also noted that city-
owned property, including 2,700 acres of parkland, makes up the majority of property that is
eligible under this proposal.
Chairperson Voskuil asked if the ordinance change was being requested because of Rotary
Garden’s sign proposal and Miller indicated that the Rotary Garden’s request was what initially
started the process.
Commissioner Consigny asked what the impacts would be on a property opposite of a proposed
electronic message center. Miller indicated that the sign would likely be positioned perpendicular
to the front of the house and there may be some “glow”.
The public hearing was opened and no persons appeared to speak.
The public hearing was closed.
There was a motion by Commissioner Dongarra-Adams with a second by Vice Chairman Madere
to forward a positive recommendation to the City Council to adopt Revised Ordinance No. 2011-
494 amending the Sign Code to allow electronic message signs in Sign District E.
The motion passed 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.
cc: Gale Price
Duane Cherek
REVISED ORDINANCE NO. 2011-494
An ordinance amending the City’s Sign Code to allow electronic message signs within Sign
District E under specific situations and if approved by the Plan Commission through a
conditional sign permit 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 14.20.120 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“14.20.120 Electronic Message Signs, On Premises
.
A
. No illuminated flashing signs shall be permitted. Flashing signs are those which
change their appearance more than once every four seconds. Chasing lights shall not be
permitted.
B
. Electronic message signs may be allowed in Sign Districts A, B, C and D upon
the review and approval of a conditional sign permit by the Plan Commission as
provided in Section 14.48.015 of this chapter. Electronic Message signs located
on premise may be allowed in Sign District E only if the sign is oriented to traffic
on the adjoining street and is located at least 500 feet from a residential use
principal building as measured perpendicular to the each sign face along the
adjoining street in each direction (if a double faced sign), and upon approval of a
conditional sign permit by the Plan Commission. The Plan Commission, in its
review, shall consider the following:
(1)
Such signs shall comprise no more than 30% of the face of the ground
sign area.
(2)
No sign shall interfere with the visibility of any traffic signal.
(3)
No such sign shall be illuminated to a degree or brightness that is greater
than necessary for adequate visibility. Signs found to be too bright shall be adjusted in
accordance with the instructions of the City.
(4)
No such signs shall be higher than 20 feet above the curb elevation in
sign District C or D, no higher than 25 feet above the curb elevation for Sign District B and no
higher than 40 feet above the curb elevation in Sign District A.
(5)
Routine messages shall not repeat in intervals of less than 4 seconds nor
last longer than 10 seconds. Single phrase messages may last longer than 10 seconds.
(6)
No traveling message signs shall be permitted.
(7
) The Plan Commission must find that the character of the sign is
compatible with the general area, and that limited visual impacts will occur to nearby residential
areas prior to approving such signs.
C
. Time and temperature signs are allowed in all sign districts without
approval of a conditional sign permit subject to compliance with criteria (1)-(5) listed in
Section 14.20.120B.
D.
Illuminated price or rate panels for hotel/motel and motor fuel which change no
more than once daily are allowed in all sign districts without approval of a conditional sign permit
subject to compliance with criteria (1)-(3) in Section 14.20.120B.
E.
Rotating signs shall be limited to a maximum of eight revolutions per minute and
shall not flash or have traveling bulb effects.
F
. Multiple message signs or tri-vision signs whose message are on triangular
louvered facings and are changed by electronic rotation of the louvers are permitted for off-
1
premise signs provided that the time the message remains in a fixed position shall be six
seconds or more.
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 Pass Absent
Brunner
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
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
2