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3. Sign OrdinanceREPORT TO: Honorable Mayor and City Council FROM: PJ Sorensen, Zoning Administrator SUBJECT: Sign Ordinance MEETING DATE: May 12, 2003 (work session) BACKGROUND: This work session is intended to update the Council regarding the status of issues discussed at the April 28 work session and to discuss potential timetables for consideration of amendments. The best approach at this stage is to place a general review of the sign ordinance on the work program agenda for the Planning Board. One of the primary functions of the Planning Board is to review and recommend changes to the zoning ordinance, particularly when the review process is as time-consuming as discussions on the sign ordinance will be. Staff could then use the summer to go over the sign ordinance and the proposed amendments more thoroughly. Once a good package is put together, we could then go through the process in the winter when fewer projects are on the table. RECOMMENDATION: Provide general direction to staff for potential revision of sign ordinance, and request that a general review of the sign ordinance be placed on the work program agenda for the Planning Board. ALTERNATIVES: As suggested by the Council. ATTACHMENTS: Potential Amendments for Consideration Respectfully submitted, PJ Sorensen Zoning Administrator Report compiled May 7, 2003 Temporary Signs/Political Signs The City Attorney located a model temporary sign ordinance which could address, in part, some of the questions recently raised regarding political signs. The model ordinance is attached. It presents one potential option to consider. The Council should be made aware of several ramifications if the model ordinance were to be adopted: (1) It regulates streamers, ribbons, flags, pennants, etc without graphics, symbols, or written words, which presently are not regulated. In other words, the model ordinance would expand the scope of the sign ordinance and encompass items the ordinance currently does not address. (2) The model ordinance does not explicitly address window signs, although the language appears broad enough to include window signage. Such an approach would be a departure from city policy implemented when the sign ordinance took effect in 1992, and would necessitate a change in the manner we address all window signs. (3) The model ordinance has a time limit of 90 days, at which time the sign may be replaced. It would have, therefore, no real impact if, for example, someone wanted to begin posting signs more than 3 months prior to an election. They would simply have to replace signs every 90 days for as long as they wish. Since the ordinance is content neutral, any other temporary sign would have to replace their sign as well, such as a home on the market for longer than 90 days. (4) Keep in mind that content neutrality applies not just to the ordinance approved, but to enforcement as well. We cannot adopt the model temporary sign ordinance and expect to enforce it stringently as it applies to political signs, but not to garage sales, real estate signs, and special events. (5) The editor's commentary encourages cities to "build a strong record that explains precisely the problem at hand and the significant governmental interest that the ordinance is protecting." If the purpose of the regulation is to limit political signs without basing the ordinance on content -neutral issues, such as traffic safety, it may not pass constitutional muster under the scrutiny of a court. It is critical that the focus of the Council be on issues related to temporary signs in general, and not be driven by political signs in particular. Alternatively, we could rework our existing provision to remove the time limitations and focus on size and location provisions recognized as valid by the courts. Missoula has taken this approach, and it mirrors the manner in which we have applied that provision over the last several years as courts began striking down time limitations. L r C 11 Section 22-301 Purpose and Findings 22-302 Definitions 22-303 Temporary Signs Permitted in All Zones 22-304 Authorization Required for Posting of Temporary Signs in the Public Rights -of -Way 22-305 Removal Requirements for Temporary Commercial Signs (OPTIONAL PROVISIONS) 22-306 Removal or Replacement of Signs 22-307 Variances 22-308 Penalties 22-309 Severability SECTION 22-301. Purpose and Findings. The City Council of the City of is enacting this Ordinance to establish reasonable regulations for the posting of temporary signs on public and private property. The Council finds that temporary signs provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely unregulated, temporary signs can become a threat to public safety as a traffic hazard and detriment to property values and the City's overall public welfare as an aesthetic nuisance. By enacting this Ordinance, the Council intends to: (a) balance the rights of individuals to convey their messages through temporary signs and the right of the public to be protected against the unrestricted proliferation of signs; (b) further the objectives of the City's comprehensive plan; (c) protect the public health, safety, and welfare; (d) reduce traffic and pedestrian hazards; (e) protect property values by minimizing the possible adverse effects and visual blight caused by temporary signs; (f) promote economic development; and (g) ensure the fair and consistent enforcement of the temporary sign regulations specified below. The City is enacting this Ordinance pursuant to [state code and constitutional provisions] and its police powers, as stated in Section of the City Charter. SECTION 22-302. Definitions. For the purposes of this Ordinance, the following words have the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning: (a) Building lot means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purposes of transfer of ownership. (b) Commercial sign means a sign which identifies, advertises, or directs attention to a business, or is intended to induce the purchase of goods, property, or service, including, without limitation, any sign naming a brand of goods or service and real estate signs, as further defined below. IMILA Model Ordinance Service (c) Post means to erect, attach, or affix in any manner, including without limitation nailing, tacking, tying, gluing, pasting, painting, staking, marking, or writing. (d) Public right -of --way means the entire area between property boundaries: which is owned by a government, dedicated to public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, planting strip, and any public way. (e) Real estate sign means a sign indicating the availability for sale, rent, or lease of the specific lot, building, or portion of a building upon which the sign is posted. (f) Sign means any writing, pictorial representation, illustration, decoration (including any material used to differentiate sign copy from its background), landscaping form, emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statute, or any other figure or character that: (1) Is a structure or any part thereof (including the roof or wall of a building); or (2) Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle, or upon any material object or device whatsoever; and (3) By reason of its form, color, wording, symbol, design, illumination, or motion attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement or political or artistic expression or decoration; but (4) Landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed in such a manner as to convey an explicit commercial message. (g) Temporary sign means a sign that is; (1) Intended for a temporary period of posting on public or private property; (2) Typically constructed from nondurable materials, including paper, cardboard, cloth, plastic, and,or wallboard; (3) Does not constitute a structure subject to the City's Building Code and Zoning Code provisions. SECTION 22-303. Temporary Signs Permitted in All Zones. Temporary signs may be posted on property in all zones of the City, subject to the following requirements and those applicable provisions stated elsewhere in the City's Sign Ordinance. (a) The total square footage for temporary signs posted on a building lot in a single family home zone, in the aggregate, shall not exceed thirty-two (32) square feet, with no individual sign exceeding sixteen (16) square feet. The total square footage for temporary signs posted on a building lot in all other zones, in the aggregate, shall not exceed sixty-four (64) square feet, with no individual sign exceeding thirty-two (32) square feet. The total square footage of a sign is measured to include all of the visible display area of one side of the sign. (b) No temporary sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard. (c) A temporary sign shall be designed to be stable under all weather conditions, including high winds. (d) No temporary sign shall be illuminated or painted with light -reflecting paint. 22-3.2 L 11 J 0 (e) A temporary sign shall only be posted with the consent of the property owner or occupant. (i) A temporary sign may be posted for a period of up to ninety (90) days, at which time the sign shall be removed or replaced. (g) OPTIONAL PROVISION: A temporary sign shall not advertise or promote any commercial enterprise or event not conducted on the same building lot. SECTION 22-304. Authorization Required for Posting of Temporary Signs in the Public Rights -of -Way. Temporary signs shall not be posted in the public rights -of -way without obtaining a permit for such posting from the City Manager, or the City Manager's designee, and pursuant to the City Manager's policy regarding the posting of signs in the public rights -of -way. This restriction includes the posting of temporary signs on trees, utility poles, and other structures within the rights -of -way. SECTION 22-305. Removal Requirements for Temporary Commercial Signs (OPTIONAL PROVISIONS). In addition to the requirements stated above, temporary commercial signs shall comply with the following requirements: (a) A temporary real estate sign shall be removed within fourteen (14) days after the sale or occupancy of the property. (b) All other commercial temporary signs, including those announcing yard sales and special events to occur on one or more particular dates, shall be removed within fourteen (14) days of the conclusion of the sale or event that the sign is promoting. SECTION 22-306. Removal or Replacement of (a) The person who has posted or directed the posting of a temporary sign is responsible for the removal or replacement of that sign in accordance with this Ordinance. (b) If that person does not remove or replace the temporary sign in accordance with this Ordinance, then the property owner or occupant of the building lot where the sign is posted is responsible for the sign's removal or replacement. (c) The City Manager, or the City Manager's designee, is authorized to remove any temporary signs posted in violation of this Ordinance that are not removed or replaced in accordance with the provisions above. Temporary signs posted on private property in violation of this Ordinance shall be deemed a public nuisance, and the City Manager, or the City Manager's designee, may abate that nuisance in accordance with the nuisance abatement and abatement cost recovery procedures of Article 5-1 of this Code. (d) The City Manager, or the City Manager's designee, may immediately remove temporary signs posted on public property or rights -of -way in violation of this Ordinance and file a civil complaint against the person who posted the sign to recover the cost of removing the sign. SECTION 22-307. Variances. Any person seeking minor adjustments to the strict application of this Ordinance to the posting of a temporary sign shall file an "Application for a Variance" in accordance with Section 22-218 of the Zoning Code. • Violations of the provisions of this Ordinance shall be a civil infraction and punishable by a fine of up to five hundred dollars ($500.00). Each day of a continued violation shall constitute a separate violation for purposes of applying the penalty provision of this Ordinance. SECTION 22-309. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconsti- tutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. 22-3.4 11 11 Housekeeping Amendments The following are provisions which may need clarification: (1) Roof signs are allowed if "architecturally incorporated into the facade of the building." Similarly, readerboards must be "architecturally incorporated into the overall design" of a sign. Further explanation, perhaps using graphics, would help nail down the meaning of those sections. (2) The ordinance does not require a permit for "routine maintenance," but does require a permit to "alter" any sign. We have interpreted those provisions, particularly when read in conjunction with the architectural review approval necessary in some instances, to require a permit for changing the face of a sign (with a permit fee based on the value of the new work rather than the whole sign). (3) There are several clarifications and minor tweaks which could be made to temporary sign provisions relating to construction signs, special events, etc. The approach to these sections will depend upon how political signs may be addressed. (4) Coordinating size of religious, etc signs allowed without a permit (16 sq $) with size allowances in residential zones where churches are often found (gen. 20-24 sq ft). (5) Window signs have not been included under the sign ordinance due to language in the ordinance excluding incidental signage within a window and by city policy established when the ordinance first took effect. We should explicitly incorporate the policy. (6) There is a typo under sign area calculations. In one subsection, "400 square feet" is used when a quick calculation shows that 600 square feet was intended. (If the 400 square feet figure is used, a 199 foot long building would be entitled to 597 square feet of sign area, but a 200 square foot building would only be entitled to 400 square feet). The subsection intends to slow down the additional square feet generated once a building reaches 200 feet in length rather than drop the total by 1/3. (7) More explicitly stating that both sides of a double -sided sign are calculated for purposes of total allowable sign area on a property. (8) A corner lot may have a freestanding sign on "each frontage." We have had some problems interpreting that section when both signs are placed at the intersection. We have tried to define that clause to disallow two signs within the same setback area. However, due to a lack of any other language in the ordinance, we have allowed two freestanding signs within a few feet of each other at an intersection (the argument was that one sign was intended to be viewed by traffic coming down one street and the other sign to be viewed by traffic coming down the other street). It was probably not the intent to allow that situation to occur. Some separation requirement attached to the existing language would seem to be in order. (9) There is some "extra" language under the wall sign section that doesn't really have any bearing on the meaning of the section, but contradicts language specifically detailed in other sections regarding total sign area calculation. That extra language should be removed. (10) Some reordering/renumbering would make the ordinance more user-friendly. Substantive Amendments Other proposals address the rule itself rather than clarifying interpretation and policy: (1) The current height and size of freestanding signs is regulated by the following table: Distance from right-of-way line (Feet) Maximum Height Above Grade (Feet) Maximum Size Allowed Per Face (Square Feet) 0-10 15 60 11-20 20 80 21-30 22 90 31-40 24 120 41-50 26 150 51 and greater 28 200 As mentioned at the prior work session, Whitefish has a limit of 10 feet. While the Council did not seem to want to reduce the height limit to that degree, the Council indicated a willingness to reduce the height/size allowed. This work session provides an opportunity to begin discussion of some of the specifics while additional research is done. (2) Under zoning in general, non -conformities are allowed to remain if they continue unchanged. Our sign ordinance reflects that general rule, but allows changing a sign (e.g. removing a sign face) if no structural changes are done. This rule decreases the adverse impact on business owners, but allows non -conforming signs to continue indefmitely. Other cities require full compliance as soon as any change is made to a sign, which puts everyone on a level playing field much more quickly. It has been proposed that we amend this section to eliminate the non -conforming status of a sign when any change is made to a sign, including, but not limited to, changing a sign face. (3) Electronic readerboards are allowed to "display changing information but shall not Rash or blink the message or picture display." In practice, it is difficult to describe when changing information becomes flashing or blinking. We need to look at what types of quantifiable standards might be used. In addition, there should be language restricting interference or confusion with traffic signals. (4) Holograms and images projected upon a wall should be included within the defmition of signs. (5) The Downtown Business Association has requested consideration of allowing under - marquee signs on Main Street. The signs are presently not allowed because they are deemed to be projecting signs, which have been explicitly excluded from Main Street in the Redevelopment Area. I spoke with Steve Herzog with MDOT about the matter. He stated that there would not be a problem as long as our general projecting sign standards apply (i.e. 8 ft above grade; at least 2 ft from curb or 4 feet from the building, whichever is less). (6) Freestanding signs have a 15 foot side setback (but no front, rear or side -corner setback requirement). That distance is arguably excessive given that side setbacks for buildings in most business zones is 5 feet or less, and in virtually no case is more than 10 feet. The side setback for signs could be adjusted to match the setback for buildings. (7) Common signage plans for shopping centers and other multi -tenant properties can help set forth how signs will be erected on a property according to a rational plan, rather than a haphazard, first come -first serve basis. The ordinance does require coordination of size, colors, etc, on such lots, and allows an increase in the size of freestanding signs. In practice, however, many developers do not know who will sign a lease, or who may move in/out later. Signs do not get addressed until after a project is built and the first tenant comes in for a permit. Since each tenant has their own specific wants and needs, and chains have certain color schemes, little consideration is given to common sign plans mid -stream. We should look at requiring a general sign plan as part of the site review process in order to provide some forethought to signage. (8) The Council agreed at the prior work session that changing the basis of our permit fee calculation from valuation to the size of the sign is a good idea. Whether adjusting the actual fee is appropriate will require further study and comparison with other jurisdictions. (9) Clear vision triangles at parking lot entrances/exits are somewhat excessive. We currently have one standard which applies regardless of number of lanes, speed limit, or traffic control devices. MDOT, as well as other cities, have more flexible standards which take those circumstances into account. Enforcement At the prior work session, the Council indicated a preference of changing the enforcement provisions of the ordinance to allow for violations to be considered as civil infractions rather than as misdemeanors. Whitefish, among others, uses that approach. The Council also indicated that we should not become over -aggressive in pursuing violations. We have contacted the Whitefish code enforcement officer and will be meeting with him sometime in May to gain his input.