TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Second Reading on Development Ordinance Text Amendment regarding Non-Commercial Signage
DATE: August 26, 2002
Enactment of the attached ordinance on second reading would modify current Development Ordinance regulations affecting non-commercial signs.
Enactment of the attached resolution would direct the Town Manager to resume enforcement of town regulations pertaining to non-commercial signs on private property.
BACKGROUND
On June 24, 2002, the Council voted 5-4 to enact the attached ordinance to modify the Town’s regulations on non-commercial signage. Because the proposed ordinance did not receive six votes on first reading, state law requires that the ordinance be considered again.
DISCUSSION
Attached is a copy of the agenda item presented to the Council on June 24, 2002. After considering that report and the draft ordinances presented as options, a motion was made to enact the Ordinance which is attached to this report (Ordinance 2002-08-26/O-7). The attached Ordinance was developed and proposed during the course of the Council’s discussion on June 24.
As proposed, the attached ordinance would:
-eliminate the current restriction on the number of temporary political signs allowed per zoning lot;
-eliminate the current restriction on the time period prior to an election for the posting of political signs on private property and on public right-of-way;
-establish that there is no size restriction for non-commercial signs not associated with an election that may be posted on private property; and,
-establish that there is no restriction on the number of non-commercial signs not associated with an election that may be posted on private property.
MANAGER’S AND ATTORNEY’S RECOMMENDATION
The Manager and Attorney continue to recommend Ordinance A as presented in the June 24, 2002, memorandum.
We also recommend that the Council adopt Resolution A, rescinding its motion of September 19, 2001, and thereby authorizing the Town Manager to resume enforcement of Town sign ordinances that regulate or prohibit non-commercial signs on private property.
ATTACHMENT
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) |
Ordinance E (As adopted on first reading by the Town Council on June 24, 2002) |
|
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
|
Unlimited days prior to election, removed within 7 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
|
Unlimited days prior to election, removed within 7 days after election
|
|
Maximum # of temporary political signs permitted on a single zoning lot
|
12 Signs |
12 Signs |
12 Signs |
Unlimited 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 |
No Size Restrictions |
|
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 |
No Size Restrictions |
|
Maximum # of non-commercial signs not associated with an election
|
1 sign |
1 sign |
1 sign |
1 sign |
No limit |
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 (2002-08-26/O-7)
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 one sign per zoning lot nor four (4) square
feet in area per display surface, and provided that any such signs, on
private property are removed within seven (7) days after the election; and
provided further that any such signs in the public right-of-way are not erected
prior to forty five (45) days before the date of the appropriate election and
are moved within twelve (12) days after the election.”
Section 2. Article 14.13.4 of the Chapel Hill Development Ordinance is hereby amended by adding a 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 and 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 26th day of August, 2002
Amended August 27th, 2002.
A RESOLUTION DIRECTING THE TOWN MANAGER TO RESUME ENFORCEMENT OF TOWN REGULATIONS PERTAINING TO NON-COMMERCIAL SIGNS ON PRIVATE PROPERTY (2002-08-26/R-18)
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 26th day of August, 2002.