#9 Refer to Plan Commission and schedule a public hearing to amend sign ordinance to reduce separation distance between off-premise electronic message center signs (File Ord. #2012-519)
Community Development Department Memorandum
August 13, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Introduce, refer to Plan Commission, and schedule Common Council public
hearing and action at such dates and times as the Council President may
determine on a proposed ordinance amending the City of Janesville Sign
Ordinance to allow the Plan Commission to reduce the separation distance
between off-premise electronic message center (EMC) signs.
(File Ordinance No. 2012-519)
At the request of Council President Voskuil and Council Member Dongarra-Adams, the
Community Development Department has prepared attached File Ordinance No. 2012-519
which amends Section 14.24.095.D of the Janesville Code of General Ordinances.
The current Janesville Sign Code includes provisions that regulate the placement of two types
of off-premises signs, typically referred to as billboards: electronic message center (EMC)
billboards, and non-EMC (static) billboards. Both types of billboards require a minimum
separation distance of at least 750 feet from another billboard as measured along the same side
of the street of the abutting sign parcel.
The Sign Code gives the Plan Commission the authority to reduce the separation distance for
static billboards to no less than 375 feet when certain criteria are met. The Plan Commission
does not currently have the authority to reduce the separation distance for EMC billboards and
any reduction in that distance currently must be approved by the Zoning Board of Appeals as a
variance. This ordinance amendment proposes to grant to the Plan Commission the authority to
reduce the separation distance for EMC billboards to not less than 375 feet and requires the
same review criteria to be met as for static billboards.
The City Attorney has concluded that the current wording of proposed File Ordinance No. 2012-
519 is sufficiently general, inclusive, and broad in scope so as to enable amendments that might
be potentially recommended by the Plan Commission and/or adopted by the Common Council
to occur without the necessity for re-introduction, re-referral, or rehearing(s) of File Ordinance
No. 2012-519 as potentially so amended.
The Community Development Department recommends that following the first reading of
proposed File Ordinance No. 2012-519, that it be referred to the Plan Commission for review,
public hearing(s), and recommendation. The Plan Commission may hold additional public
hearings on the matter depending upon amendment(s) that the Plan Commission may propose
after their initial public hearing. These additional Plan Commission public hearing(s) may be
scheduled, noticed, and held without the necessity for prior referral back to, or direction from,
the Common Council.
Proposed File Ordinance No. 2012-519 will be scheduled for City Council regular meeting public
hearing and action for such date(s) and time(s) after the Plan Commission hearing(s), potential
amendment(s), and recommendation(s) as the Council President may, from time to time, decide
in the future.
cc: Duane Cherek
Eric Levitt
Jay Winzenz
ORDINANCE NO. 2012-519
An ordinance amending the City’s Sign Ordinance with regard to off-premise electronic message center
signs section by adding language to give the Plan Commission authority to reduce the separation
distance between off-premise EMC signs to no less than 375 feet of JGO Chapter 40 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 14.24.095(D) 2. of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
14.24.095(D) Off-premises signs
2.
All off-premises signs meeting the definition of electronic message signs shall be spaced not less
than 750 feet from any other off-premises signs.
(a)
The Plan Commission shall have the authority to vary the above spacing through the
Conditional Sign Permit process outlined in Section 14.48.015 to not less than 375 feet in order to allow
the construction of a new off-premises electron message sign. The Plan Commission, in its review, shall
consider the following:
i.
The relationship of the proposed off-premises electronic message sign location to
other off-premises signs, on-premises signs, existing man-made and natural features and residential and
agriculture zoned properties.
ii.
The impact of the proposed off-premises sign on existing residences in the
surrounding area regardless of the zoning of the parcel on which said residences are located.
iii.
The impact of the proposed off-premises electronic message sign on the
development or redevelopment of the parcel on which it is proposed to be located.
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
Dongarra-Adams
Eric J. Levitt, City Manager
Farrell
Kealy
ATTEST:
Liebert
Severson
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
____________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development
Department
Prepared by: Community Development
Department