AGENDA #16
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Development Ordinance Text Amendment regarding Non-Commercial Signage
DATE: June 24, 2002
INTRODUCTION
Adoption of one of the attached Ordinances would (1) lengthen the amount of time an election-related political sign can be posted, (2) modify the number of political signs permitted on a zoning lot, and (3) add exemptions for non-election, non-commercial signage on private property. Adoption of the attached Resolution would authorize resumption of enforcement of Town sign ordinances that regulate or prohibit temporary non-commercial signs on private property.
BACKGROUND
On September 19, 2001, the Town Council 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. 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.
On June 17, 2002, a Public Hearing was held to consider this proposed text amendment.
PUBLIC HEARING PROPOSAL
At the June 17, 2002, Public Hearing, we recommended three (3) 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 proposed 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.
KEY ISSUES
No citizens spoke on the proposed ordinance at the June 17, 2002, Public Hearing. Based on questions and comments of Council members, we believe that the key issues for the Council’s consideration are:
Time period for posting of political signs on private property: Several Council members expressed concern regarding this restriction, based in part on commentary in legal materials attached to the Public Hearing agenda item, that the proposed time period before an election was too short.
Comment: Our recommendation was to extend the time period for the posting of temporary political signs from the current standard (30 days before an election and 7 days after an election) to 45 days before an election and 12 days after an election. Based on the Council’s comments and reconsideration of the legal materials, we now recommend that the Council consider setting a 65 day pre-election time period for the posting of campaign signs on private property. This would allow, for a November General Election, the posting of campaign signs on the weekend prior to the Labor Day holiday. We have included this language in the attached Ordinance A.
We recognize that the Council may wish to eliminate the pre-election time restriction altogether for signs on private property. Consequently, we have also included Ordinances C and D that would eliminate the pre-election time period for such signs on private property.
We continue to recommend that the time restriction on signs in the public right-of-way be set at 45 days before an election and 12 days after an election. This language is included in Ordinances A, B, C and D.
Number of political signs allowed per zoning lot: Several Council members expressed an interest in eliminating any restriction on the number of signs allowed per zoning lot.
Comment: Our recommendation was to increase the number of allowable temporary political signs from one to twelve. We believe that restricting the number of political signs to twelve on a single zoning lot is a reasonable regulation, based on the number of races and candidates during any particular election year (Council, School Board, State Legislature, Bond Issues, etc.). Ordinances A, B and C included language limiting the number of allowable temporary political signs to a maximum of twelve signs on a zoning lot.
We also think that it would be reasonable to completely eliminate the restriction on the number of temporary political signs that could be placed on a single zoning lot. We have included Ordinance D as an option that would eliminate any restriction on the number of temporary political signs on a zoning lot.
Orange County Board of Elections: A Council member requested that we provide the information distributed by the Orange County Board of Elections regarding sign regulations in nearby communities.
Comment: We have provided this information as an attachment.
Signage and Picketing on Sidewalks: A Council member expressed interest in studying existing Town Code provisions related to signage and picketing on sidewalks. This was also recommended by the Planning Board.
Comment: As noted at the Public Hearing, the Town Manager and Town Attorney will be providing a report to the Council on this issue next fall.
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, B and C 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 Revised Recommendation). Ordinance C (option to eliminate pre-election time period on private property) also allows a maximum of twelve (12) temporary political signs per zoning lot.
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, with Ordinances A, C and D, 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. This language is included in Ordinances A, C and D.
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 that is included in the attached Council Public Hearing memorandum dated June 17, 2002.
Manager’s and Attorney’s Revised 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. The Council may come to another conclusion. Alternative ordinances are therefore provided. A table outlining the differences between the attached Ordinances A, B, C and D is provided on the following page.
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.
TABLE COMPARING DIFFERENCES BETWEEN ORDINANCES
|
Issue: |
Ordinance A (Manager’s Revised Recommendation) |
Ordinance B (Planning Board Recommendation) |
Ordinance C (Option to eliminate pre-election time period on private property) |
Ordinance D (Option to eliminate pre-election time period and restriction on # of signs per single zoning lot) |
|
Exemption time period for temporary political signs on private property. |
65 days prior to election, removed within 12 days after election
|
45 days prior to election, removed within 12 days after election
|
Unlimited days prior to election, removed within 12 days after election
|
Unlimited days prior to election, removed within 12 days after election
|
|
Exemption time period for temporary political signs in the public right-of-way. |
45 days prior to election, removed within 12 days after election
|
45 days prior to election, removed within 12 days after election
|
45 days prior to election, removed within 12 days after election
|
45 days prior to election, removed within 12 days after election
|
|
Maximum # of temporary political signs permitted on a single zoning lot
|
12 Signs |
12 Signs |
12 Signs |
Unlimited Signs |
|
Maximum size of non-commercial signs not associated with an election, when displayed in a Residential zoning district. |
6.0 SF |
15.0 SF |
6.0 SF |
6.0 SF |
|
Maximum size of non-commercial signs not associated with an election, when displayed in a Non-Residential zoning district. |
15.0 SF |
15.0 SF |
15.0 SF |
15.0 SF |
ATTACHMENTS
1. Information from the Orange County Board of Elections (p. 12).
2. June 14, 2002 Council Public Hearing Memorandum and related attachments (begin new page 1).
RESOLUTION A
A RESOLUTION DIRECTING THE TOWN MANAGER TO RESUME ENFORCEMENT OF TOWN REGULATIONS PERTAINING TO NON-COMMERCIAL SIGNS ON PRIVATE PROPERTY (2002-06-24/R-26)
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 24th day of June, 2002.
ORDINANCE A
(Manager’s Revised 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 (2002-06-24/O-9a )
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 sixty-five (65) days on private property and forty-five
days on public right-of-way 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 fifteen (15) 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 24th day of June, 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 (2002-06-24/O-9b)
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 24th day of June, 2002.
ORDINANCE C
(Option to eliminate pre-election time period on private property)
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 (2002-06-24/O-9c)
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, and provided that such signs in the public right-of-way are not
erected prior to forty-five (45) thirty (30) days before the date
of the appropriate election, and provided that any such signs, wherever
located, 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 fifteen (15) 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 24th day of June, 2002.
ORDINANCE D
(Option to eliminate pre-election time period and
restriction on number of signs per zoning lot)
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 (2002-06-24/O-9d)
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 four (4) square feet in area per display surface, and provided that any such signs, wherever located, are removed within 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.”
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 24th day of June, 2002.
Amended June 25, 2002.