Item 13-F - Sign-related Amendments (TC)
STAFF REPORT
Town Council Meeting, February 25, 2010
LDO Amendments – Round 13, Item 13F (PL10-006i)
Consideration of proposed sign-related amendments to the Land Development Ordinance
Speaker: Ms. Mary Beerman
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: This item is consideration of two proposed amendments to Chapter 9 (Signs) of the Land Development Ordinance:
- 13F-1 – Open House Signs
- 13F-2 – Sign Exemptions and Definition
Item 13F-1 would revise existing requirements that apply to “open house” signs. Item 13F-2 would more clearly articulate the intent to not regulate the display of works of art and non-commercial holiday decorations, and specify that signs not expressly permitted are prohibited. Both Items were presented at the Town Council public hearing on January 14, 2010.
Schedule:
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Advertisements in The Cary News |
December 30, 2009 and January 6, 2010 |
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Public Hearing |
January 14, 2010 |
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Planning and Zoning Board Meeting |
January 25, 2010 |
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Final Action by Town Council |
February 25, 2010 |
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Effective |
Upon Adoption |
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13F-1 Open House Signs |
Background
Town Council Member Don Frantz reported that he had heard from a number of citizens who were concerned that they were having difficulty selling their homes. Councilman Frantz suggested that in response to the downturn in the economy the restrictions for off-premise Open House Residential Real Estate Signs could be revisited.
Town Council Public Hearing
The Town Council public hearing was held on January 14, 2010. There were no citizen comments. There was some discussion by Council members regarding whether or not the amendment should remain in effect only until the economy recovers. Options include applying a specific time limit to the amendment, such as 2 or 3 years, or revisiting Section 9.3.2(R) at a later date if it is determined that changes are warranted.
Changes Since Public Hearing
After the public hearing staff received input from the Raleigh Regional Association of Realtors stating that the economic recovery will take some time, it was suggested that the duration of the amendment be at least 24 months. LDO Sections 9.3.2(R)(3),(6) and (7) were modified to establish a sunset date of February 25, 2012 for the proposed changes.
Planning and Zoning Board Meeting
The Planning and Zoning Board considered the proposed amendment on January 25, 2010. The Board received a copy of the attached letter regarding both this amendment and Item 13F-2, discussed below, from William D. Brinton, a legal expert in the field of sign regulations. There were questions and discussion regarding the timing of the amendment in relation to the Sign Ordinance Evaluation Task Force. It was acknowledged that the proposed amendment would provide immediate flexibility, whereas addressing the issue solely through the task force would result in a delay until late spring or early summer. Staff pointed out that the task force recommendations could include additional changes if the currently proposed amendment is adopted. There were also questions and discussion concerning wayfinding vs. advertising, and enforcement procedures.
A motion was made to forward Item 13F-1 with recommendation for approval with modifications to include: a 2-year sunset clause; and that the signs be allowed between 5:00 p.m. on Friday and 6:00 p.m. on Sunday. Several board members expressed concern with safety during rush hour traffic, concern with visual clutter of both open house signs and yard sale signs, and concern that erecting directional signs on the day before the event would not be effective. The motion failed by a vote of 4-4.
A second motion was made to forward a recommendation for approval as proposed by staff, including the 2-year sunset provision. The motion passed by a vote of 5-3.
Proposed Text
9.3 PERMITTED SIGNS: LOCATION, SIZE, NUMBER
9.3.2 Conditions
(R) Off-premise Open House Residential Real Estate Sign
Off-premise Open House Residential Real Estate Signs shall be allowed provided that the following requirements are met:
(1) There shall be no more than three (3) total off premise signs for any open house event. These signs shall include a realtor's license number or homeowner's number and the street address where the event is taking place.
(2) Signs can only be placed on residential lots or in residential common open space with no more than two (2) signs directing prospective buyers in the same direction at any one intersection.
(3) Such signs may be in place only from 10 a.m. Saturday to 6 p.m. on on Saturdays and Sundays. This provision shall sunset on February 25, 2012, after which such signs may be in place only from 10 a.m. on Saturday to 6 p.m. on Sundays.
(4) Such signs shall not exceed two (2) square feet in sign area.
(5) Such signs shall not exceed 24 inches in height.
(6) Such signs shall only use a combination of burgundy (Color No. 491 C Pantone) or black and white. This provision shall sunset on February 25, 2012, after which such signs shall only use a combination of burgundy (Color No. 491 C Pantone) and white.
(7) No more than two five (5) open house events per year for any one home, residential project or structure. This provision shall sunset on February 25, 2012, after which there shall be no more than two open house events per year for any one home, residential project or structure.
13F-2 Sign Exemptions and Definitions
Background
Currently, certain objects such as works of art and holiday decorations are treated as signs that are exempt from the sign regulations of the Land Development Ordinance. However, staff recommends that the exercise of its zoning and police power related to the regulation of signs not be extended to objects not typically considered to be signs, such as: artwork; temporary holiday/seasonal decorations; cemetery markers; machinery and equipment; and lighting which accentuates landscaping or architectural features. The proposed amendment would clarify the intent of the LDO to not regulate such items by excluding them from the definition of “Sign”. Regulation of single-strand white lights used in landscape features is recommended to be moved from Section 9.6.1(E)(5) (Signs in Town Center – Signs Not Included in Total Sign Area) to 7.9.3(J) (Exterior Lighting – Single-Strand Lights in Landscaping).
The proposed amendment also removes obsolete and superfluous language regarding prohibited signs, and provides further clarification as to which signs are prohibited. Staff believes it is appropriate to make this amendment at this time, as these changes are of a technical nature and are not items that the Sign Ordinance Evaluation Task Force would be expected to review.
Town Council Public Hearing
The Town Council public hearing was held on January 14, 2010. There were no comments from citizens or Council members.
Changes Since Public Hearing
After the public hearing, staff added the following points of clarification to the proposed amendment:
• Section 12.4 (Sign Definition) “… product or service dispensed or offered by the machine or equipment…”
• Table 9.3-3 - Remove Reference To White “Twinkle-Type” Lights
Planning and Zoning Board Meeting
The Planning and Zoning Board considered the proposed amendment on January 25, 2010. There were questions and discussion regarding the timing of the amendment in relation to the Sign Ordinance Evaluation Task Force, with some members preferring that all changes be addressed through the task force. There were questions and clarification concerning window signs, works of art and signs related to historic properties.
A motion was made to approve Item 13F-1 and 13F-2 as amended and recommended by staff. The motion failed by a vote of 4-4.
Note - Item 13F-1 was subsequently approved in a separate motion, (see Item 13F-1 above - Open House Signs - Planning and Zoning Board Meeting).
Proposed Text
9.1.2 APPLICABILITY AND EFFECT
(B) Effect
The effect of this chapter, as more specifically set forth herein, is:
(1) To establish a system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this chapter;
(2) To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;
(3) To provide for temporary signs in limited circumstances; and
(4) To prohibit all signs not expressly permitted by this chapter; and
(5)(4) To provide for the enforcement of the provisions of this chapter.
9.2 SIGNS EXEMPT FROM REGULATION
The following signs shall be exempt from regulation under this chapter:
(A) Any official or public notice or warning required by a valid and applicable federal, state or local law, regulation or chapter, by a public utility company or by order of a court of competent jurisdiction;
(B) Traffic signs on private property, such as Stop, Yield and similar signs, which meet Department of Transportation standards and contain no commercial message;
(C) Any sign inside a building, not attached to a window or door, that is not visible from off the site on which it is located;
(D) Any sign inside an athletic field or other enclosed outdoor space, where the sign is not legible from more than three feet beyond the lot line of the site on which it is located;
(E) Works of art with no commercial message, except for approved murals in the Town Center; and
(F) Holiday decorations with no commercial message displayed between November 15 and January 15.
(G) (E) Temporary signage erected as part of a Town-recognized event (see Section 5.4).
(H) (F) Signs erected on behalf of a governmental or quasi-governmental agency, including but not limited to governmental offices and transit stations, for the purpose of site identification, to identify public property, convey public information and to direct or regulate pedestrian or vehicular traffic.
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PRINCIPLES OF INTERPRETATION * * *
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9.3 PERMITTED SIGNS: LOCATION, SIZE AND NUMBER
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TABLE 9.3-3: SUMMARY OF PERMANENT NON-RESIDENTIAL SIGN REGULATIONS WITHIN TOWN CENTER | |||||
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Type |
Number |
Size |
Location |
Conditions |
Other |
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9.4 PROHIBITED SIGNS AND DEVICES
All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with the previous section are prohibited. Such signs include, but are not limited to: The following signs and devices are specifically prohibited:
(A) Any sign that copies or imitates an official sign or purports to have official status;
(B) Any illuminated tubing or strings of lights, including but not limited to those outlining property lines, open sales areas, rooflines, doors, windows, landscaping, or the edges of wall, except for perimeter down-lighting that is shielded to illuminate open sales areas but no land outside those areas, except those strings of lights exempt under sections 9.2(F) and 9.6.1(E)(5);
(C) (B) Beacons;
(D) (C) Windblown devices;
(E) (D) Pennants;
(F) (E) Canopy signs;
(G) (F) Animated signs;
(H) (G) Neon and other similar type signs located in such a manner as to attract public attention from outside the building except as permitted in section 9.6.1(E)(10). Specifically, this refers to neon and other similar signs that:
(1) Contain a message clearly intended for public recognition outside the building, such as "open," "drive-through" and other similar messages; or
(2) Are legible from the public right-of-way or adjacent property;
(I) (H) Portable signs;
(J) (I) Any other attention-attracting device, except for those conforming to the dimensional, design, lighting and other standards applicable to a sign in the same location.
(K) (J) Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress to any building.
(L) (K) Any sign attached to gas pumps or gas pump islands that can be read or understood from off the property.
(M) (L) Vehicular Signs, parked along a roadway, except where the business has no reasonable alternative location on the site to park the vehicle.
(N) (M) Off site signs, billboards, and pole signs except as otherwise permitted in this Ordinance;
(O) (N) For Town Center locations refer to Section 9.6.1. Abandoned signs, including all structural, support, and other componential elements;
(O) Signs made wholly or partially of highly reflective material, so as to generate a contrast between the sign and adjacent surfaces or the surrounding area;
(P) Signs on roofs.
9.6.1(E)(5) Twinkle Type Lights Reserved
Strings of single-strand, horizontal white “twinkle-type” lights may be installed in landscaping. Lights are to be non-blinking, may be operational twenty-four (24) hours and may be used year round.
9.6.1(E)(9) Prohibited Signs and Devices
Except for those signs listed under (10) below, all signs and devices prohibited under Section 9.4 of this chapter are also prohibited within the Town Center, in addition to the following:
(a) Abandoned signs, including all structural, support, and other componential elements.
(b) Billboards and pole signs.
(c) Signs made wholly or partially of highly reflective material, so as to generate a contrast between the sign and adjacent surfaces or the surrounding area.
(d) Signs on roofs.
7.9.3(J) Exterior Lighting – Lights in Landscaping and Iluminated Tubing
Within the Town Center and Mixed Use Overlay Zoning Districts, strings of single-strand, horizontal white “twinkle-type” lights may be installed in landscaping. Lights are to be non-blinking, may be operational twenty-four (24) hours and may be used year round. Any illuminated tubing is not permitted, including but not limited to those outlining property lines, open sales areas, rooflines, doors, windows, landscaping, or the edges of wall, except for perimeter down-lighting that is shielded to illuminate open sales areas but no land outside those areas.
12.4 OTHER KEY TERMS DEFINED
SIGN
Any device, fixture, placard or structure, that uses any color, form, graphic, illumination, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of Chapter 9 of this Ordinance: public art, holiday decorations, cemetery markers, and lighting used to accentuate architectural or landscaping features. Additionally, a sign incorporated into machinery or equipment by a manufacturer or distributor, that functions only to identify or advertise the product or service dispensed or offered by the machine or equipment, shall not be considered signs subject to the regulations of Chapter 9 of this Ordinance.
Fiscal Impact: Implementation of the recommended text changes should be absorbed by existing staff.
Staff Recommendation: Staff recommends approval of LDO Amendment Round 13 Item #13F.
