1 CITY COUNCIL REPORT AGENDA DATE: July 18, 2017 ...
CITY COUNCIL REPORT
AGENDA DATE:
July 18, 2017
DEPARTMENT:
Development Services Department
SUBJECT SI17-0001, Sign Ordinance Amendment Conduct a public hearing, discuss, and consider an ordinance amending the Code of Ordinances, Chapter 6, Article XI entitled “Signs” related to “Feather Signs”, “Banner Signs” and “Appeals to Sign Ordinance”. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 5, 2011, the City Council adopted an ordinance which completely replaced the existing Sign Ordinance. Since the approval of a new Sign Ordinance, it has been amended several times. These amendments include: April 5, 2011 - City Council adopted the complete revised sign ordinance (Ord. No. 2011-1896). October 4, 2011 – City Council adopted minor revisions to the sign ordinance (Ord. No. 2011-1921). April 3, 2012 – City Council adopted revisions to the sign ordinance introducing Feather Signs for the first time (Ord. No. 2012-1950). November 20, 2012 – City Council adopted revisions to increase the number of feather sign permits from 3 to 6 times per calendar year. (Ord. No. 2012-1986). May 6, 2014 – City Council adopted revisions adding definitions for mannequin and mechanical signs; revising the definition of portable sign and revising Section 6-261(h) Political Signs in its entirety. (Ord. No. 2014-2068) November 17, 2015 – City Council adopted revisions to the Sign Ordinance allowing more feather signs per business fronting on F.M. 423 and allowing them to stay for 60 days instead of 30 days during F.M 423 construction. BACKGROUND On April 5, 2011, the City Council adopted the current Sign Ordinance replacing the Sign Ordinance that was in place before. This Sign Ordinance has been amended multiple times since 2011. In April, 2012 Feather Signs were added to the Sign Ordinance based on a request from a business owner affected by the Main Street construction. Since introduced in 2012 Feather Signs had two additional amendments, (1) increasing the number of permits per year and, (2) increasing the number of feather signs per business and their duration. When first introduced, Feather Signs were allowed only if the business did not have Banners. So no Feather Signs could be displayed concurrently with a banner sign. At that time, it was determined that feather signs may not be displayed concurrently with banners since both are used to advertise special events and/or sales. The Ordinance that introduced Feather Signs also restricted location of Banner Signs with respect to the setback from right of way to be increased from 25 to 50 feet (in addition to being able to display banners directly on the façade of businesses). This limitation to lawn placement impacted many of the businesses which had previously used banners for advertising, 1
which led those businesses to rely more heavily on feather signs, that are typically located closer to the right-of-way. As a result, in November 2012 an amendment was approved to increase the number of occurrences that feather signs may be displayed from three (3) times per calendar year to six (6) times per calendar year. The latest modification to the Sign Ordinance was triggered due to the middle phases of the F.M 423 construction. With reconstruction of Main Street (F.M. 423), many of the businesses located within the reconstruction area have either had their regular monument or other types of signage removed and/or their access points removed or relocated. Many of these businesses also indicted that they have used flag signs in the past, which they believed caused an increase in their business. The Council approved the amendment request to allow more feather signs for businesses and increase the duration the feather signs from 30 to 60 days. It was stated that once Main Street or F.M. 423 construction is complete the Sign Ordinance will be brought back to Council and the Feather Sign regulations will go back to the way it was before the reconstruction. Staff however have noticed a significant increase in feather signs along Main Street, as well as the entire city. Once Main Street reconstruction is finished, this corridor will not only be improved for motorists but will also enhance the aesthetics of the corridor allowing businesses and property owners the benefit of more visibility, access, and interest from new and existing customers. In staff opinion allowing feather signs along the Main Street or any major arterial within the City will add visual clutter, create issues with visibility, and add an overall diminishing effect to the corridor. Staff is proposing amendment to Section 6-256. Appeals to Sign Ordinance to allow applicants, staff and the council an avenue to appeal the decision of the Sign Board. The way this sections currently read, Sign Board’s decision is final on any variance request to the Sign Ordinance. This amendment will provide a relief process for any “aggrieved party” affected by the Board’s decision. ORDINANCE REVIEW COMMITTEE (ORC) RECOMMENDATION Staff would like to recommend removing Feather Sign provisions from the current Sign Ordinance and add an “amortization process” allowing businesses enough time to (till December 31, 2017) remove existing Feather Signs. The Ordinance Review Committee (ORC), at their meeting on May 7, 2017, recommended approval for this amendment. City Council at the work session of the May 2, 2017 regular meeting have directed staff to process the aforementioned amendment. Staff also recommends amending Section 6-256. Appeals to Sign Ordinance to provide a relief process for any “aggrieved party” affected by the Sign Board of Appeal’s decision. City Council at the work session of the June 6, 2017 regular meeting have directed staff to add the relief process to Section 6-256. NOTIFICATION City of The Colony Sign Ordinance amendment public hearings are published in newspaper notification a minimum of fifteen (15) days prior to the meeting date. A legal 2
notice was published in the Dallas Morning News on July 7, 2017. No comments either for or against this amendment were received as of the printing of this packet. OPTIONS 1. Approve as requested 2. Deny 3. Postpone consideration 4. Table item ATTACHMENTS 1. Current adopted Sign Ordinance sections affected by the proposed amendment 2. Proposed amending ordinance
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Attachment 1 Sign Ordinance Sections affected by this amendment Sec. 6-261. - Specific sign criteria—Temporary signs. (a) Banner Advertising a Commercial Use A banner shall be securely attached to the front, side or rear face of a building A banner sign may be located within the front or side landscaped area of a lot, providing the banner is set back from the right-of-way a minimum of 50 feet. Location In these cases, a scaled site plan drawing shall be submitted to the development services director who will ascertain appropriate placement of the banner Maximum Effective 48 square feet Sign Area Maximum Number 1 banner sign is allowed at any given time for any given business Maximum Number of 3 banner permits are allowed per business per calendar year Occurrences/Year Minimum Vertical 7 feet in height when attached where pedestrians would walk beneath the Sidewalk Clearance banner Permit Required Fee Yes Valid for 30 days During the 30-day time period, the content of the banner may be changed one Timeframe time No banner may be displayed concurrently with feather signs Removal All banners must be removed on the day of the expiration of the permit
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Section 6-261. J): Feather Signs
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Section 6-256. Appeals to Sign Ordinance
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AGENDA DATE:
July 18, 2017
DEPARTMENT:
Development Services Department
SUBJECT SI17-0001, Sign Ordinance Amendment Conduct a public hearing, discuss, and consider an ordinance amending the Code of Ordinances, Chapter 6, Article XI entitled “Signs” related to “Feather Signs”, “Banner Signs” and “Appeals to Sign Ordinance”. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 5, 2011, the City Council adopted an ordinance which completely replaced the existing Sign Ordinance. Since the approval of a new Sign Ordinance, it has been amended several times. These amendments include: April 5, 2011 - City Council adopted the complete revised sign ordinance (Ord. No. 2011-1896). October 4, 2011 – City Council adopted minor revisions to the sign ordinance (Ord. No. 2011-1921). April 3, 2012 – City Council adopted revisions to the sign ordinance introducing Feather Signs for the first time (Ord. No. 2012-1950). November 20, 2012 – City Council adopted revisions to increase the number of feather sign permits from 3 to 6 times per calendar year. (Ord. No. 2012-1986). May 6, 2014 – City Council adopted revisions adding definitions for mannequin and mechanical signs; revising the definition of portable sign and revising Section 6-261(h) Political Signs in its entirety. (Ord. No. 2014-2068) November 17, 2015 – City Council adopted revisions to the Sign Ordinance allowing more feather signs per business fronting on F.M. 423 and allowing them to stay for 60 days instead of 30 days during F.M 423 construction. BACKGROUND On April 5, 2011, the City Council adopted the current Sign Ordinance replacing the Sign Ordinance that was in place before. This Sign Ordinance has been amended multiple times since 2011. In April, 2012 Feather Signs were added to the Sign Ordinance based on a request from a business owner affected by the Main Street construction. Since introduced in 2012 Feather Signs had two additional amendments, (1) increasing the number of permits per year and, (2) increasing the number of feather signs per business and their duration. When first introduced, Feather Signs were allowed only if the business did not have Banners. So no Feather Signs could be displayed concurrently with a banner sign. At that time, it was determined that feather signs may not be displayed concurrently with banners since both are used to advertise special events and/or sales. The Ordinance that introduced Feather Signs also restricted location of Banner Signs with respect to the setback from right of way to be increased from 25 to 50 feet (in addition to being able to display banners directly on the façade of businesses). This limitation to lawn placement impacted many of the businesses which had previously used banners for advertising, 1
which led those businesses to rely more heavily on feather signs, that are typically located closer to the right-of-way. As a result, in November 2012 an amendment was approved to increase the number of occurrences that feather signs may be displayed from three (3) times per calendar year to six (6) times per calendar year. The latest modification to the Sign Ordinance was triggered due to the middle phases of the F.M 423 construction. With reconstruction of Main Street (F.M. 423), many of the businesses located within the reconstruction area have either had their regular monument or other types of signage removed and/or their access points removed or relocated. Many of these businesses also indicted that they have used flag signs in the past, which they believed caused an increase in their business. The Council approved the amendment request to allow more feather signs for businesses and increase the duration the feather signs from 30 to 60 days. It was stated that once Main Street or F.M. 423 construction is complete the Sign Ordinance will be brought back to Council and the Feather Sign regulations will go back to the way it was before the reconstruction. Staff however have noticed a significant increase in feather signs along Main Street, as well as the entire city. Once Main Street reconstruction is finished, this corridor will not only be improved for motorists but will also enhance the aesthetics of the corridor allowing businesses and property owners the benefit of more visibility, access, and interest from new and existing customers. In staff opinion allowing feather signs along the Main Street or any major arterial within the City will add visual clutter, create issues with visibility, and add an overall diminishing effect to the corridor. Staff is proposing amendment to Section 6-256. Appeals to Sign Ordinance to allow applicants, staff and the council an avenue to appeal the decision of the Sign Board. The way this sections currently read, Sign Board’s decision is final on any variance request to the Sign Ordinance. This amendment will provide a relief process for any “aggrieved party” affected by the Board’s decision. ORDINANCE REVIEW COMMITTEE (ORC) RECOMMENDATION Staff would like to recommend removing Feather Sign provisions from the current Sign Ordinance and add an “amortization process” allowing businesses enough time to (till December 31, 2017) remove existing Feather Signs. The Ordinance Review Committee (ORC), at their meeting on May 7, 2017, recommended approval for this amendment. City Council at the work session of the May 2, 2017 regular meeting have directed staff to process the aforementioned amendment. Staff also recommends amending Section 6-256. Appeals to Sign Ordinance to provide a relief process for any “aggrieved party” affected by the Sign Board of Appeal’s decision. City Council at the work session of the June 6, 2017 regular meeting have directed staff to add the relief process to Section 6-256. NOTIFICATION City of The Colony Sign Ordinance amendment public hearings are published in newspaper notification a minimum of fifteen (15) days prior to the meeting date. A legal 2
notice was published in the Dallas Morning News on July 7, 2017. No comments either for or against this amendment were received as of the printing of this packet. OPTIONS 1. Approve as requested 2. Deny 3. Postpone consideration 4. Table item ATTACHMENTS 1. Current adopted Sign Ordinance sections affected by the proposed amendment 2. Proposed amending ordinance
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Attachment 1 Sign Ordinance Sections affected by this amendment Sec. 6-261. - Specific sign criteria—Temporary signs. (a) Banner Advertising a Commercial Use A banner shall be securely attached to the front, side or rear face of a building A banner sign may be located within the front or side landscaped area of a lot, providing the banner is set back from the right-of-way a minimum of 50 feet. Location In these cases, a scaled site plan drawing shall be submitted to the development services director who will ascertain appropriate placement of the banner Maximum Effective 48 square feet Sign Area Maximum Number 1 banner sign is allowed at any given time for any given business Maximum Number of 3 banner permits are allowed per business per calendar year Occurrences/Year Minimum Vertical 7 feet in height when attached where pedestrians would walk beneath the Sidewalk Clearance banner Permit Required Fee Yes Valid for 30 days During the 30-day time period, the content of the banner may be changed one Timeframe time No banner may be displayed concurrently with feather signs Removal All banners must be removed on the day of the expiration of the permit
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Section 6-261. J): Feather Signs
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Section 6-256. Appeals to Sign Ordinance
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