AGENDA #4L
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Calling a Public Hearing: Chapel Hill Code of Ordinances and Development Ordinance Text Amendments for Signs Posted on Utility Poles
DATE: August 26, 2002
INTRODUCTION
Adoption of the attached Resolution would call a Public Hearing for Wednesday, October 16, 2002, to consider regulations that would allow signs to be posted on utility poles, and would refer the proposal to the Planning Board, the Historic District Commission, the Community Design Commission and the Manager for recommendation.
On April 8, 2002, a citizen appeared before the Council and asked that the Council consider repealing the Town’s regulations which prohibit the posting of signs on utility poles. The citizen raised issues regarding the use of the poles for advertising and notices to the community of upcoming events. The citizen submitted written petitions on May 14, 2002, supporting revision or repeal of the Ordinance.
The written petition requests “that the Chapel Hill Town Council revise or repeal Chapel Hill Ordinance Section 16-3 to allow the posting of signs or notices for advertising purposes on utility poles, in order to encourage free speech and grassroots marketing by local citizens and businesses.” The applicable Ordinance (Section 16-3) prohibits the posting of signs on utility poles on Town streets and sidewalks.
On June 24, 2002, the Council received a report on this petition from the Town Manager and the Town Attorney (see Attachment 2). The report discussed the legal basis for the Town’s regulations, and provided several options for the Council’s consideration. In response to this report, the Council directed the Manager to prepare a resolution that would call a Public Hearing. The purpose of the hearing would be to consider changes that would “allow the posting of signs on utility poles, subject to removal by Town staff on a routine basis.”
THE PROPOSAL
The proposal under consideration is to enact an Ordinance that would allow the posting of signs on utility poles, subject to removal by Town staff on a regular basis, as work schedules and staffing permit.
In order to allow such posting of signs on utility poles, we note that changes would be needed to both the Town’s Code of Ordinances and the Town’s Development Ordinance. Although no Public Hearing is necessary for the Town Council to approve changes to this provision of the Town Code, a Public Hearing is required before making such changes to the Town’s Development Ordinance. Given the community’s interest in this issue and the need to provide public notice for any Development Ordinance changes, we have included the proposed changes to the Town’s Code of Ordinances as well as the proposed changes to the Town’s Development Ordinance as items that would receive public notice and a Public Hearing, prior to any new regulations being enacted.
DISCUSSION
There are a number of considerations that have emerged in our preliminary study of this proposal. We list and describe these considerations in this memorandum, and will offer options for addressing them in the memorandum that we prepare for the Public Hearing. These considerations include the following:
q Utility Poles Only: Any new provisions should clearly indicate that it still would not be allowable to place signs or leaflets on supports for regulatory signs or street name signs, or to place signs or leaflets in a manner that obscures or draws attention away from regulatory or street name signs.
q Impact on Public Safety: There should be provisions that would continue to prohibit the posting of signs or leaflets in any manner that compromises public safety. An example of a circumstance that might affect public safety would be signs posted on the clear plexiglass surface of bus stop walls in a manner that obscures clear lines of sight.
q Size: There may be a need to specify the maximum size of signs or leaflets posted on utility poles that are exempt from regulation, and/or to specify that signs posted on utility poles cannot protrude beyond the width of the pole.
q Means of Attaching: It may be necessary to prohibit certain methods of attaching signs to utility poles (e.g., glue).
q Duke Power: Duke Power has provided a letter on this matter for the Council’s consideration, addressing this issue (please see Attachment 1).
RECOMMENDATION
We recommend that the Council adopt the attached Resolution calling a Public Hearing for Wednesday, October 16, 2002 to consider changes that would allow signs to be posted on utility poles. The Resolution also directs the Manager to prepare the proposed amendments in a form consistent with the Town’s Code of Ordinances and the Town’s Development Ordinance, and refers the proposal to the Planning Board, the Historic District Commission, the Community Design Commission, the Town Attorney and the Town Manager for recommendation.
Attachments
A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE TOWN CODE OF ORDINANCES AND THE TOWN DEVELOPMENT ORDINANCE TO ALLOW SIGNS TO BE POSTED ON UTILITY POLES (2002-08-26/R-9)
WHEREAS, the Chapel Hill Town Council has received a petition asking the Town to revise or repeal Chapel Hill Ordinances that prohibit the posting of signs on utility poles;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Wednesday, October 16, 2002 to consider changes to the Town’s Code of Ordinances and the Town’s Development Ordinance, that would permit the posting of signs on utility poles.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Manager to prepare the proposed changes in a form consistent with the Town's Code of Ordinances and the Town’s Development Ordinance, and to refer the proposal to the Planning Board, the Historic District Commission, the Community Design Commission and the Manager for recommendation.
This the 26th day of August, 2002.