STAFF REPORT
Town Council Meeting, April 14, 2011

LDO Amendments – 11-LDO-01 Sign Ordinance (PL11-034b)
Consideration of proposed Land Development Ordinance amendments related to signs.

Speaker: Ms. Mary Beerman, AICP, Senior Planner

From: Jeffery G. Ulma, AICP, Planning Director
Prepared by: Mary W. Beerman, AICP, Senior Planner
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager

Executive Summary:

The proposed amendments to the Land Development Ordinance would add two interim new chapters, Chapter 9A (Permanent Signs) and Chapter 9B (Temporary Signs), and modify related sections of Chapter 3 (Review and Approval Procedures), Chapter 5 (Use-Specific Standards), Chapter 9 (Signs), Chapter 11 (Enforcement) and Chapter 12 (Rules of Construction, Use Classifications, and Definitions).

The proposed amendments were presented at a public hearing before the Town Council on March 24, 2011. There were no comments from citizens or Council members. Several revisions for the purpose of clarification, including clarification of provisions related to signs on machinery and equipment, the addition of Section 9A.4 (Severability) and 9B.3 (Severability) and the addition of cross-references to Chapters 9A and 9B in Section 11.6 (Enforcement of Signs), have been made since the public hearing. These changes are indicated in cross-out/underline form in the attached documents. Text added since the public hearing is underlined, and a line is shown through the text to be removed.  These amendments were unanimously recommended for approval by the Planning and Zoning Board at its April 11, 2011 meeting.

Schedule for LDO Amendment 11-LDO-01: Permanent and Temporary Signs

Background:

Staff believes that improvements to the Town’s sign regulations, including some of the recommendations of the Sign Task Force presented at a Town Council worksession on November 16, 2010, should be adopted without awaiting the outcome of a pending legal challenge to portions of the Town’s current sign regulations. It remains important to ensure that we continue to protect the Town’s interests in aesthetics, traffic safety, community character and related interests and provide additional protections in connection with permanent signs and temporary signs for parcels in certain non-residential or other use.

The proposed changes include the addition of two new chapters, Chapter 9A (Permanent Signs) and Chapter 9B (Temporary Signs), and associated minor revisions to existing Chapter 3 (Review and Approval Procedures), Chapter 5 (Use-Specific Standards), Chapter 9 (Signs), Chapter 11 (Enforcement) and Chapter 12 (Rules of Construction, Use Classifications, and Definitions). Background materials regarding these changes are available in the Planning Department.

Signs on parcels containing a single-family residence or duplex, and signs on windows and doors of individual dwelling units within multi-family residential developments or mixed use buildings, will continue to be subject to regulations found in Chapter 9. Requirements for other permanent signs will be found in new Chapter 9A, and requirements for other temporary signs will be found in new Chapter 9B.

Chapters 9A and 9B are proposed to be in place until December 21, 2012. It is anticipated that Chapter 9A will be then be modified to incorporate requirements for the full array of residential signs and temporary signs, so that Cary’s sign regulations will once again be contained within a single chapter of the Land Development Ordinance.

Planning and Zoning Board Work Session – April 4, 2011

The Planning and Zoning Board discussed the proposed amendments at its work session on April 4, 2011.

1. Board members requested clarification regarding:

• the proposed entry monument alternative to a permanent ground sign.
• regulations pertaining to the task force recommendation that would allow a larger flag for outdoor entertainment/recreation venues with structured seating; and

2. It was suggested that the National Register Historic Districts not be listed individually by name in Section 9A.1.6(A)(2) (Signs in National Register Historic Districts) so that the privileges provided in that section would also apply to other such districts created in the future. This suggested change has been incorporated into the proposed text.

3. There was discussion of allowing LED technology where neon lighting is allowed, as technology is generally more energy efficient. Staff noted that the LED signs can be set to blink or flash, which is prohibited, and enforcement could be a significant issue. Staff researched this issue and determined that the energy savings offered by LED lighting technology compared to neon was negligible at the current sign area limit of two square feet, and LED signs would need to be replaced more frequently than neon. No changes are proposed by staff regarding this issue.

4. Other topics discussed included existing regulations related to political signs and replacement of signs in National Register Historic Districts.

5. Appreciation for the work done by the Sign Ordinance Task Force was expressed. It was noted that some of the recommendations of the task force are included in the proposed draft. The remaining recommendations, most of which will involve changes to dimensional standards for specific sign types, will require more analysis and development of illustrations and examples prior to being presented at a public hearing. It is anticipated that these recommendations will be addressed upon conclusion of the interim period in which Chapter 9A and 9B will be in effect.

6. Staff suggested that the task force recommendation pertaining to how sign area is calculated be incorporated in to Chapter 9, in addition to Chapters 9A and 9B. Section 9.1.5(A) has been revised accordingly.

Planning and Zoning Board Meeting - April 11, 2011
The Planning and Zoning Board considered the proposed amendments at its meeting on april 11, 2011 and recommended approval by a vote of 8-0.


Chapter 9A (new): Permanent Signs
This new chapter was developed using existing Chapter 9 as a starting point, and making the following changes:

1) Removal of all provisions for residential signs, with the exception of certain signs for multi-family developments.

2) Removal of all provisions for temporary signs.

3) Addition of the following recommendations of the Sign Ordinance Task Force:

a) Signs on single-use properties, where the sign is not visible from a public right-of-way or adjacent residential property would be exempt from regulations;

b) When determining sign area, the sign could be encompassed within two rectangles rather than one, with one of the rectangles encompassing a minimum of 75% of the sign area;

d) Flexibility in sign color currently allowed for federally-registered logos or trademarks would also apply to state-registered logos or trademarks;

e) Restrictions related to the number of “pieces of information” on a sign would be removed;

e) The size and height of flags and flagpoles would be increased for outdoor recreational and entertainment venues with structured seating for spectators; and

f) Single-tenant buildings that meet storefront design criteria could have a sign on up to three sides of the building instead of two.

4) Addition of various changes and points of clarification deemed desirable by staff to strengthen current sign regulations and ensure consistency with current practices, including the following:

a) Add standards and requirements for an entry monument as an alternative to a Principal Ground Sign

b) Ensure consistency in the requirements applicable to all institutional uses; and

c) Clarify that the number of menu boards allowed for a drive-through restaurant is two per drive-through lane, not two per parcel.

5) Rewording and reorganizing the remaining text to achieve greater clarity, eliminate redundancy, and generally improve readability and understanding.

Chapter 9B (new): Temporary Signs
This new chapter was developed using the existing regulations in Chapter 9 related to non-residential temporary signs as a starting point, with the addition of various changes and points of clarification deemed desirable by staff to strengthen current regulations, including ensuring consistency in the requirements applicable to all institutional uses.

Related Changes in Other Chapters
Changes in Sections in Section 3.16 (Sign Permits), Section 3.20 (Variances), Section 5.3 (Accessory Uses and Structures), Section 11.6 (Enforcement of Sign Regulations) and Section 5.4 (Temporary Structures and Uses) are for the purpose of adding cross-references to new Chapters 9A and 9B where appropriate, and making related changes to the text for clarification and consistency.

Changes in Chapter 9 (Signs) and Chapter 12 (Rules of Construction, Use Classifications, and Definitions) include the following recommendations of the Sign Ordinance Task Force:

1) removing all requirements related to restrictions on the number of pieces of information that may be contained on a sign; and

2) when determining sign area, allowing the sign message to be encompassed within two rectangles rather than only one, with one of the rectangles encompassing a minimum of 75% of the sign area.

Fiscal Impact: Implementation of the recommended text changes should be absorbed by existing staff.

Staff Recommendation: Staff recommends approval of the proposed amendements.