AGENDA #4
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Public Hearing: Development Ordinance Text Amendment regarding Non-Commercial Signage
DATE: June 17, 2002
INTRODUCTION
This Public Hearing has been scheduled for the Town Council to consider a proposed Development Ordinance text amendment. The proposal would (1) lengthen the amount of time an election-related political sign can be posted, (2) modify the number of such signs permitted on a zoning lot, and (3) add restrictions for non-election, non-commercial signage.
BACKGROUND
Following the events of September 11, 2001, a banner was placed on the facade of the Top of the Hill Restaurant at the corner of Franklin and Columbia Streets. The message on the banner read “GOD BLESS AMERICA; WOE TO OUR ENEMIES”. Concerns were raised by citizens, including Town elected officials, regarding the content of the sign and the sign’s compliance with provisions of the Town’s Development Ordinance. A determination was made by the Town’s Inspections Department that the sign did not comply with the size limitation for such signs in the Town Center-1 zoning district as provided in the Development Ordinance. Based on the determination that the sign did not comply with applicable size limitations, the matter was brought to the attention of the persons responsible for placing the sign and the sign was voluntarily removed. We note that the determination that a violation had occurred was unrelated to the content of the sign.
The Council, on September 19, instructed the Town Manager to suspend enforcement of the Town’s sign ordinances that regulate or prohibit non-commercial signs on private property unless the signs are determined, due to structure or location, to constitute a hazard to public safety.[1] The Council further asked for a comprehensive report on Town sign regulations.
On January 14, 2002, the Town Council considered a report on the Town’s development regulations and current ordinance enforcement policies pertaining to non-commercial signage. A copy of the January 14 report is attached. On January 14, a Public Hearing was called for June 17 to consider modification of current Development Ordinance regulations on the length of time a political sign can be posted and the number of such signs permitted on a zoning lot. The Council did not adopt the resolution that would have directed the Manager to resume enforcement of current regulations.
Current Town regulations applicable to non-commercial signage are located in a number of places in the Town’s Ordinances:
A) Development Ordinance. Town zoning regulations for signs on private property are found in Section 14.13 of the Town Development Ordinance. (Attachment 2 to the January 14 Memorandum). Section 14.13.4 of the Development Ordinance exempts from regulation a number of categories of signs provided the signs do not violate traffic safety standards in 14.13.5 of the Development Ordinance. Signs exempt under 14.13.4 include:
“h) Temporary political signs advertising candidates or issues, provided such signs do not exceed one sign per zoning lot nor four (4) square feet in area per display surface, are not erected prior to thirty (30) days before the date of the appropriate election, and are removed within seven (7) days after the election.”
Signs exempt under 14.13.4 also include:
“l) Signs in the Town Center 1 and 2 districts which are no more than six (6) square feet in area per display surface. This provision applies only to changeable or moveable signs which are limited to one (1) per business. Changeable or moveable signs are those non-illuminated signs that change or are moved on a daily basis.”
(Signs not exempted are subject to the size and permitting provisions of the Development Ordinance. In the case of the sign at the Top of the Hill, upon receipt of the complaint, the staff examined the sign and the site and reviewed the provisions of the Ordinance. The staff concluded that the sign, based on the size limitations for exemptions cited above, appeared not to fit any of the exemptions. The sign therefore would need to go through the appropriate application and review process to determine if it could be permitted and displayed.)
B) Town Code. Chapter 16 of the Town Code regulates signs on the public right-of-way. (Attachment 3 to the January 14 Memorandum). Based on this Chapter, and in particular, Sec. 16-2, the Town Manager has generally allowed political signs in the right of way that would otherwise be allowed on private property, under 14.13.4 (h) of the Development Ordinance, as long as the signs do not interfere with the use of the right of way or create a safety concern. There are some specific exceptions to this rule in Chapter 16 of the Code including a prohibition on signs on trees and utility poles.
C) Policy on Town Property. The Town Administration’s policy with respect to Town property, as opposed to Town maintained public right of way, has been to not allow political signs. Precise measurements are not made to ensure that a candidate sign is on right of way, rather than the site of a particular Town facility. However, Town practice has been to remove political candidate signs that are clearly on Town property. An exception to this policy is made on Election Day, when signs are allowed at Town facilities that serve as polling places. Signs at polling places still must comply with the requirement of State law that they not be within 50 feet of the polls. (N.C. General Statute Sec. 163-147).
D) Picketing on Sidewalks. Signs being carried by persons engaging in picketing are regulated by Sec. 11-58 of the Town Code (Attachment 4 to the January 14 Memorandum) and may not exceed two feet in width and two feet in length.
As was noted during the brief public debate over the Top of the Hill sign, the primary Federal Constitutional issue raised by the Town’s regulation of non-commercial political signs is the right to free speech found in the First Amendment to the U.S. Constitution. Attached are a number of excerpts from legal research materials in the Town Attorney’s Law Library which discuss some of the legal and constitutional issues pertaining to regulation of non-commercial signage (Attachments 7, A-D to the January 14 Memorandum).
First Amendment. Municipalities may enact reasonable regulations relating to the posting of non-commercial signage under the First Amendment to the U.S. Constitution. Such regulations may establish reasonable limits on the time, place and manner of such signs and should not be based on the subject matter of the message or the particular point of view expressed in the message. The Courts will look carefully, if a case is brought to them, at any such regulations to determine the reasons for the regulations and their reasonableness. Any such regulations should be tailored to achieve a significant or substantial governmental purpose and should leave open adequate alternative channels of communication. Aesthetic considerations are recognized as a legitimate governmental purpose. (Please see the Attachments to the January 14 Memorandum for a thorough commentary on these matters.)
PROPOSAL
We believe that the Town’s current regulations are, for the most part, reasonable and meet the needs and expectations of the community. Even after the temporary suspension of regulations in September, 2001, we note candidates in the November election campaign appears to have generally followed the Town’s size and time limits.
We recommend consideration of three specific changes to the Development Ordinance provisions regarding non-commercial signage:
We also note that presently, the Town is not enforcing the existing regulations pertaining to non-commercial signs on private property. We propose that the Council adopt Resolution A, which would resume enforcement of existing regulations. We note that our approach to enforcement will be as follows: Respond to complaints, and seek compliance in situations where violations are observed by the Zoning Enforcement Officer.
NEXT STEPS
We believe that it would be appropriate for the Council to consider taking action on the attached Ordinances on Monday, June 24, 2002. Action on this date would provide ample time for participants in the upcoming Fall elections to familiarize themselves with any new rules and regulations.
RECOMMENDATION
Planning Board Recommendation: On June 4, 2002, the Planning Board voted 7-0 to recommend that the Council adopt Ordinance B. Please see the attached Summary of Planning Board Action to the Council.
Ordinances A and B include the following recommended condition of the Planning Board:
q That up to a maximum of twelve (12) temporary political signs be permitted per zoning lot;
Staff Comment: Our original memorandum to the Planning Board suggested that a maximum of six (6) temporary political signs per zoning lot would be a reasonable limitation. The Planning Board suggested that, given the short duration for which political signs are posted, allowing a maximum of twelve (12) temporary political signs per zoning lot is appropriate. We believe that the Planning Board’s proposal has merit, and have included this proposal in Ordinance A (the Manager’s Preliminary Recommendation).
Ordinance B includes the following recommended condition of the Planning Board:
q That non-commercial signs not covered by other exemptions listed in the Ordinance, may be up to 15.0 square feet in size.
Staff Comment: Our original memorandum to the Planning Board suggested that a maximum of 6.0 square feet of display area provides an appropriate balance between a property owner’s freedom of speech and the aesthetic appearance of the community. After considering the Planning Board’s recommendation on this matter, we revised our recommendation. We believe that 6.0 square feet is a reasonable sign limitation in residential areas, but is not a sufficient amount of display area for temporary non-commercial signs in office and commercial zoning districts. We also note that 15.0 square feet is the maximum amount of display area allocated to a permanent monument sign in office and commercial zoning districts.
Accordingly, we recommend that non-commercial signs should be allowed with a maximum size of 6.0 square feet in residential zoning districts and a maximum size of 15.0 square feet in non-residential zoning districts. This size differential between residential and non-residential zoning districts is similar to the way real estate signs are regulated by the Town’s Development Ordinance (4.0 square feet in property zoned residential, and 16.0 square feet in property zoned non-residential). We believe that this approach provides an appropriate balance between land uses, community aesthetics, and people’s right to freedom of speech.
Additional Recommendation: The Planning Board also adopted a resolution asking the Town Council to study existing Town Code provisions related to signage and picketing on sidewalks. Please see the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: Although the Development Ordinance Revision process is underway, we do not expect to have a new Development Ordinance adopted before October of 2002. We recommend making the adjustments as recommended in the attached Ordinance A, in order to modify limits pertaining to time and number of signs per zoning lot and to clarify the applicability of these provisions to non-election, non-commercial signs. These changes would then be included in the third Draft of the proposed Development Ordinance.
We recommend that the Council amend the Development Ordinance in accordance with Ordinance A.
We also recommend that the Council adopt Resolution A, rescinding its motion of September 19, 2001, and thereby authorizing the Town Manager to begin enforcement of Town sign ordinances that regulate or prohibit temporary non-commercial signs on private property.
ATTACHMENTS
1. Resolution A (p. 7).
2. Ordinance A (p. 8).
3. Ordinance B (p. 9).
4. Summary of Planning Board Action, June 4, 2002 (p. 10).
5. January 14, 2002 Report to Council and related attachments (begin new p. 1).
RESOLUTION A
A RESOLUTION DIRECTING THE TOWN MANAGER TO RESUME ENFORCEMENT OF TOWN REGULATIONS PERTAINING TO NON-COMMERCIAL SIGNS ON PRIVATE PROPERTY
WHEREAS, the Council has received and considered a report from the Town Manager and Town Attorney pertaining to non-commercial signs on private property;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council’s directive of September 19, 2001, to the Town Manager to not enforce sign regulations pertaining to non-commercial signs on private property is hereby rescinded and the Manager is hereby directed to resume the Town’s standard practices for enforcement of such regulations.
This the _____ day of ________, 2002.
ORDINANCE A
(Manager’s Preliminary Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to lENGTHEN THE AMOUNT OF TIME AN ELECTION RELATED POLITICAL SIGN CAN BE POSTED AND modify THE NUMBER OF SUCH SIGNS PERMITTED ON A ZONING LOT AND TO ADD RESTRICTIONS FOR NON-ELECTION, NON-COMMERCIAL SIGNAGE
WHEREAS, the Council of the Town of Chapel Hill received and considered a report from the Town Manager and the Town Attorney pertaining to non-commercial signs on private property; and
WHEREAS the Town Council has considered the amendment to modify limits pertaining to time and number of signs per zoning lot and to clarify the applicability of these provisions to non-election, non-commercial signs, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“h)
Temporary political signs advertising candidates or issues, provided such signs
do not exceed twelve (12) one
signs per zoning lot nor four (4) square feet in area per display
surface, are not erected prior to forty-five (45) thirty (30)
days before the date of the appropriate election, and are removed within twelve
(12) seven (7) days after the election.”
Section 2. Article 14.13.4 of the Chapel Hill Development Ordinance is hereby amended by adding new Subsection 14.13.2 (o) to read as follows:
“o) Non-commercial signs not covered by other exemptions listed in Subsection 14.13.4, provided such signs are located on private property, are non-illuminated, and do not exceed one (1) sign per zoning lot nor six (6) square feet in area per display surface in residential zoning districts or twelve (12) square feet in area per display surface in non-residential zoning districts.”
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon adoption.
This the _____ day of __________, 2002.
ORDINANCE B
(Planning Board Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to lENGTHEN THE AMOUNT OF TIME AN ELECTION RELATED POLITICAL SIGN CAN BE POSTED AND modify THE NUMBER OF SUCH SIGNS PERMITTED ON A ZONING LOT AND TO ADD RESTRICTIONS FOR NON-ELECTION, NON-COMMERCIAL SIGNAGE
WHEREAS, the Council of the Town of Chapel Hill received and considered a report from the Town Manager and the Town Attorney pertaining to non-commercial signs on private property; and
WHEREAS the Town Council has considered the amendment to modify limits pertaining to time and number of signs per zoning lot and to clarify the applicability of these provisions to non-election, non-commercial signs, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“h)
Temporary political signs advertising candidates or issues, provided such signs
do not exceed twelve (12) one signs per zoning lot nor four
(4) square feet in area per display surface, are not erected prior to forty-five
(45) thirty (30) days before the date of the appropriate election,
and are removed within twelve (12) seven (7) days after the
election.”
Section 2. Article 14.13.4 of the Chapel Hill Development Ordinance is hereby amended by adding new Subsection 14.13.2 (o) to read as follows:
“o) Non-commercial signs not covered by other exemptions listed in Subsection 14.13.4, provided such signs are located on private property, are non-illuminated, and do not exceed one (1) sign per zoning lot nor fifteen (15.0) square feet in area per display surface.”
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon adoption.
This the ____ day of __________, 2002.
[1] The sign at Top of the Hill was not displayed again, however, following this action by the Council.